Whitlock v. Heard
Supreme Court of Alabama
Error to the Circuit Court of Cherokee. Before the Hon. D. Coleman. Trover, by the plaintiff in error, against the defendant. In the progress of the trial, a bill of exceptions was sealed at the instance of the plaintiff, which presents the following facts.
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Error to the Circuit Court of Cherokee. Before the Hon. D. Coleman. Trover, by the plaintiff in error, against the defendant. In the progress of the trial, a bill of exceptions was sealed at the instance of the plaintiff, which presents the following facts. The plaintiff sent a mare, and some colts, to be wintered by the defendant, and pledged the mare and colts to the defendant to pay for their keeping, and also for another demand, with authority, on a certain contingency, to sell them to pay for their keeping, and the other demand. This other demand, was a note given by defendant to…
1Opinion of the CourtDargan, J.
In an action of trover, it is necessary for the plaintiff to show title to the property, an immediate right of possession, and a conversion by the defendant. The plaintiff’s title to the property in this case, was not denied by the charge of the judge, but the charge was calculated to induce the belief, either that there was no conversion shown, or that the plaintiff did not have an immediate right to the possession; hence arises the necessity of examining this question. If one deliver stock, or cattle, to another, to be kept or fed, with the power to sell them to pay for their keep, will…
2Cases cited1 opinion
- Nash v. MosherNew York Supreme Court · 1838
3Cited by8 opinions
- Barnett v. DowdySupreme Court of Alabama · 1922
- Jones v. WebsterSupreme Court of Alabama · 1872
- Dean & King v. Elyton Land Co.Supreme Court of Alabama · 1896
- Fitzgerald v. BlocherSupreme Court of Arkansas · 1878
- Mozley v. ColemanSupreme Court of Oklahoma · 1923
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