Keath v. Patton
Supreme Court of Alabama
This was an action of trover brought by Gabriel Keath, against Robert Patton, in the Circuit Cdurt of Morgan county. The plaintiff' declared against the defendant, for the conversion of five horses, of the value of $333 33. At April term, 1827, atrial was had on the plea of not guilty, and a verdict was found for the defendant.
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This was an action of trover brought by Gabriel Keath, against Robert Patton, in the Circuit Cdurt of Morgan county. The plaintiff' declared against the defendant, for the conversion of five horses, of the value of $333 33. At April term, 1827, atrial was had on the plea of not guilty, and a verdict was found for the defendant. On the trial, the plaintiff'tendered a bill of exceptions, which was sealed, and is in the following words: “Be it remembered, that on the trial of this cause, the plaintiff proved, that he and the defendant made a parol contract in the State of Kentucky, for the sale…
1Opinion of the Court
By JUDGE COLLIER.
The only inquiry presented to the Court, is, whether trover is maintainable upon the facts on the record. To sustain that action, it is necessary for the plaintiff to prove a property in himself, and a right to the possession, at the time of the conversion by the defendant; a conversionby the defendant; and that the chattel alleged to have been converted was of some value. Neither of these essentials seem to have been proven on the trial. If therefore the testimony recited in the bill of exceptions be exclusive, it is clear that the instructions of the Court were correct.
It…
2Cited by3 opinions
- Cothran v. MooreSupreme Court of Alabama · 1840
- Johnson v. ManessSupreme Court of Alabama · 1941
- Wolf v. BookerAppellate Court of Illinois · 1901