Dudley v. Abner
Supreme Court of Alabama
Appeal from Circuit Court of Lowndes. Tried before Hon. James Q. Smith. Abner brought trover against Dudley for the conversion of a mare. In the years 1870 and 1871 Dudley was cultivating a plantation, and among his tenants had one Abram Webb.
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Appeal from Circuit Court of Lowndes. Tried before Hon. James Q. Smith. Abner brought trover against Dudley for the conversion of a mare. In the years 1870 and 1871 Dudley was cultivating a plantation, and among his tenants had one Abram Webb. Dudley, then owner of the mare in controversy, delivered her to Webb, “with the contract and understanding that Webb was to work the mare in his crops, but she was to be Dudley’s until paid for, and when paid for she was to belong to Webb, to whom Dudley was then to give a receipt or bill of sale for the mare.” The price to be paid is not stated in the…
1Opinion of the CourtManning, J.
The appellant in this cause bought the mare in controversy, in the early part of the year 1870, and delivered her to Abram Webb, a colored man (tenant of premises which Dudley had leased to him), upon an agreement that Abram should keep and work the mare, and pay a certain price for her; upon payment of which price Dudley was to give to Abram a receipt or bill of sale of the mare, but retain the title to her until that time in himself. How much Abram was to pay for the mare does not appear. But Dudley, who testifies (as another witness also- does) that the mare was in a low condition when he…
2Cases cited5 opinions
- Preston v. WhitneyMichigan Supreme Court · 1871
- Wait v. . GreenNew York Court of Appeals · 1867
- Hardaway v. SemmesSupreme Court of Alabama · 1863
- Weaver v. LapsleySupreme Court of Alabama · 1868
- Brooks v. RuffSupreme Court of Alabama · 1861
3Cited by7 opinions
- Warren v. LiddellSupreme Court of Alabama · 1895
- Sumner v. WoodsSupreme Court of Alabama · 1880
- Fairbanks, Morse & Co. v. Eureka Co.Supreme Court of Alabama · 1880
- Donahoo Horse & Mule Co. v. DurickSupreme Court of Alabama · 1915
- McGinnis v. SavageWest Virginia Supreme Court · 1887
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