Bennett & Co. v. Brooks
Supreme Court of Alabama
Appeal from Madison Circuit Court. Heard before Hon. D. W. Speake. The complaint in this case was -in the following language: “Plaintiff claims of the defendants $500 damages for the conversion by them between the months of November, 1901, and September, 1902, of the following chattels, to-wit: 1,130 bales of cotton seed hulls, of the average weight of 66 2-3 pounds, the property of plaintiff: The defendant interposed the general issue and the following special pleas: “(2)…
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Appeal from Madison Circuit Court. Heard before Hon. D. W. Speake. The complaint in this case was -in the following language: “Plaintiff claims of the defendants $500 damages for the conversion by them between the months of November, 1901, and September, 1902, of the following chattels, to-wit: 1,130 bales of cotton seed hulls, of the average weight of 66 2-3 pounds, the property of plaintiff: The defendant interposed the general issue and the following special pleas: “(2) The defendants for plea allege that Leo. H. Johnson did business in Huntsville, Madison county, Ala., during the period…
1Opinion of the CourtAnderson, J.
If any one of the pleas that, were stricken did not come within the influence, of section 3286 of the Code of 1896, then the defense attempted thereunder was available under the general issue, and the action of the court in sustaining the motion to strike was not reversible error.
The undisputed evidence showed that the hulls belonged to the plaintiff when converted by the defendants, who got them from Johnson, and, as the. said Johnson had. no title thereto, his vendee could acquire no better title than he had, whether- purchased with or without notice of plaintiff’s title and for a valuable…
2Cases cited2 opinions
- Blackman v. Lehman, Durr & Co.Supreme Court of Alabama · 1879
- Milner & Kettig Co. v. DeLoach Mill Manufacturing Co.Supreme Court of Alabama · 1903
3Cited by10 opinions
- Moore v. LongSupreme Court of Alabama · 1947
- Hyatt v. ReynoldsSupreme Court of Alabama · 1944
- Louisville & Nashville R. R. v. McCoolSupreme Court of Alabama · 1910
- McRae v. BandySupreme Court of Alabama · 1959
- Barrow v. BrentSupreme Court of Alabama · 1919
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