Turner v. McFee
Supreme Court of Alabama
Appeal from Circuit Court of St. Clair. Tried before Hon. W. L. WHITLOCK. The appellant, McFee, brought trover against Turner for the conversion of an “iron grey colt.” A trial was had in February, 1877, resulting in verdict and judgment against Turner, who reserved exceptions, and brings the case here by appeal.
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Appeal from Circuit Court of St. Clair. Tried before Hon. W. L. WHITLOCK. The appellant, McFee, brought trover against Turner for the conversion of an “iron grey colt.” A trial was had in February, 1877, resulting in verdict and judgment against Turner, who reserved exceptions, and brings the case here by appeal. On the trial, plaintiff offered in evidence a mortgage executed to him on the 18th day of January, 1870, by one John Collins, which conveyed certain lands and other personal property, and “ one iron grey colt.” This instrument recites that it is given “as security, for the payment of…
1Opinion of the CourtManning, J.
This was an action of trover by a mortgagee for a horse claimed as a part of the property conveyed by a mox’tgage-deed of one Collins to him. Ramsey, a subscribing witness to the mortgage, which was made five or six years before, testified that he believed the horse in controversy was the same animal described in that instrument as *471an iron grey colt; that he could not state of his own knowledge that it was the same horse; that the horse had no marks or distinct features in the way of color whereby he could recognize him from any other grey horse, but he believed him to be the same iron grey…
2Cited by15 opinions
- Councill v. MayhewSupreme Court of Alabama · 1911
- Mitchell v. StateSupreme Court of Alabama · 1891
- Thornton v. StateSupreme Court of Alabama · 1896
- Adams v. Queen Insurance Company of AmericaSupreme Court of Alabama · 1956
- Dixie Grain Co. v. QuinnSupreme Court of Alabama · 1913
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