Corbitt v. Reynolds
Supreme Court of Alabama
Appeal from Henry Circuit Court. Tried before Hon. H. D. Clayton. This was an action of trover, brought by the appellee against the appellant for the recovery of damages for the alleged conversion of two bales of cotton.
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Appeal from Henry Circuit Court. Tried before Hon. H. D. Clayton. This was an action of trover, brought by the appellee against the appellant for the recovery of damages for the alleged conversion of two bales of cotton. On the trial it was shown, that one Urquhart rented out a tract of land belonging to him in Barbour county ; and after-wards, to secure advances which he obtained from the appel-lee, he executed to the latter a mortgage conveying, among other things, “a cotton note that is given for the rent of my place in Barbour county” ; and that the cotton sued for was a part of the crop…
1Opinion of the CourtBbiokell, C. J.
The present action, in which the ap-pellee was plaintiff, and the appellant was defendant, is trover for the conversion of two bales of cotton. To support the action, it was necessary for the plaintiff to prove property in himself, and a right to the possession at the time of the conversion by the appellant.—Glaze v. McMillion, 7 Port. 279; Kemp v. Thompson, 17 Ala. 9; Nations v. Hawkins, 11 Ala. 859. If it had been material to establish the existence of the debt owing TJrquhart for the rent of land, transferred by the mortgage to the appellee, it would have been permissible to show by parol,…
2Cases cited9 opinions
- Hussey v. PeeblesSupreme Court of Alabama · 1875
- Graham v. LockhartSupreme Court of Alabama · 1845
- Lomax v. LeGrand & Co.Supreme Court of Alabama · 1877
- Folmar & Sons v. Copeland & BrantleySupreme Court of Alabama · 1877
- Glaze v. M'MillionSupreme Court of Alabama · 1838
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Johnson v. Wilson & Co.Supreme Court of Alabama · 1902
- Sullivan v. MillerSupreme Court of Alabama · 1932
- Jordan v. HendersonSupreme Court of Alabama · 1953
- Draper v. WalkerSupreme Court of Alabama · 1893
- DeLoach v. RobbinsSupreme Court of Alabama · 1893
6 more not listed; retrieve them via the Exa API.