Ensley Lumber Co. v. Lewis
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. Mrs. C. E. Lewis sold to the Ensíey Lumber Co. certain machinery for the purchase money of which notes were executed, in which notes the title to the property sold was retained by Mrs. L. until the purchase money was fully paid. By direction of the Lumber Co. the property was shipped to the State of Georgia.
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. Mrs. C. E. Lewis sold to the Ensíey Lumber Co. certain machinery for the purchase money of which notes were executed, in which notes the title to the property sold was retained by Mrs. L. until the purchase money was fully paid. By direction of the Lumber Co. the property was shipped to the State of Georgia. After-wards and while the property was in Georgia, the Lumber Co. executed a mortgage on the same to Shackelford, who had no notice of the retention of the titles by Mrs. L. This mortgage was executed in…
1Opinion of the CourtHaralson, J.
— Trover for the conversion of personal property.
1. Under repeated decisions of this court, it is held, that when the vendor of personal property expressly retains the legal title until the purchase money therefor is paid, no title passes to the purchaser by delivery of possession, and a purchaser from him cannot defeat a recovery of such property by the original vendor, even though he shows he was a bona fide purchaser from the vendee for value and without notice.-Warren v. Liddell, 110 Ala. 232; Thomason v. Lewis, 103 Ala. 426; Montgomery I. Works v. Smith, 98 Ala. 644.
*97Tbe evidence in this…
2Cases cited15 opinions
- Jones v. JonesSupreme Court of Alabama · 1850
- Warren v. LiddellSupreme Court of Alabama · 1895
- Powell v. ThompsonSupreme Court of Alabama · 1885
- Weinstein v. FreyerSupreme Court of Alabama · 1890
- Edgerly v. . BushNew York Court of Appeals · 1880
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Southern Ry. Co. v. ArnoldSupreme Court of Alabama · 1909
- Waterbury Trust Co. v. WeismanSupreme Court of Connecticut · 1919
- Lynn v. Broyles Furniture Co.Alabama Court of Appeals · 1911
- Clark v. Johnson & LattimerAlabama Court of Appeals · 1913
- Albany Warehouse Co. v. F. B. Fisk Cotton Co.Alabama Court of Appeals · 1914
5 more not listed; retrieve them via the Exa API.