Reeves v. McNeill
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. This was an action of trespass brought by the appellee, A. E. McNeill, against the appellants, S. M. Beeves, Augustus Wright, John Darby, Jr., and James B. Darby, to recover damages for the alleged wrongful taking of an alleged stock of goods, which belonged to the plaintiff.
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Appeal from the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. This was an action of trespass brought by the appellee, A. E. McNeill, against the appellants, S. M. Beeves, Augustus Wright, John Darby, Jr., and James B. Darby, to recover damages for the alleged wrongful taking of an alleged stock of goods, which belonged to the plaintiff. The defendants pleaded the general issue and a plea in which they set up that the property was taken under the levy of a writ of attachment issued in a suit, in which Augustus Wright- was plaintiff and J. J. McNeill, the husband of the…
1Opinion of the CourtSharpe, J.
The evidence shows that by the plaintiff’s direction the goods taken in execution as the property of plaintiff’s husband were bought in her name and partly paid for with her money and that the unpaid part of the price was charged to her. As between the present parties it is immaterial whether the vendor knew that plaintiff’s husband was acting for her in the purchase. If ignorant of that fact it may be that the vendors could have avoided the transaction, but they liad also the right to treat it as the plaintiff’s purchase, and so far as appears they have not questioned her ownership. The…
2Cases cited2 opinions
- Bates v. MorrisSupreme Court of Alabama · 1893
- Lister v. VowellSupreme Court of Alabama · 1898
3Cited by4 opinions
- Thrasher v. NeeleySupreme Court of Alabama · 1916
- Cragford Bank v. CummingsSupreme Court of Alabama · 1927
- Bradford v. ButtramSupreme Court of Alabama · 1921
- Ex Parte Alabama Textile Products CorporationSupreme Court of Alabama · 1942