Woods v. Rose
Supreme Court of Alabama
Appeal from tlie Circuit Court of Fayette. Tried before the Hou. S. H. Sprott. This was an action of trover against the appellees, E. & Company, to recover damages for the alleged conversion of two bales of cotton, alleged to have been sold to the defendants, E. R. Rose & Co., by J. H. Sexton.
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Appeal from tlie Circuit Court of Fayette. Tried before the Hou. S. H. Sprott. This was an action of trover against the appellees, E. & Company, to recover damages for the alleged conversion of two bales of cotton, alleged to have been sold to the defendants, E. R. Rose & Co., by J. H. Sexton. The plaintiff claimed title to the cotton in question under a mortgage given to him on January 9, 1901, by J. H. Sexton on all his crop of cotton raised by him during the year 1901, and it was shown that the cotton in question was raised by J. H. Sexton during the year 1901 and sold to the defendants on…
1Opinion of the Court
MoOLELLAN, • C. J.
The witness - Sexton testified that “on or about the 17th day of October, 1901, he carried two bales of the cotton he had raised on said land [a place situate in Fayette county and belonging to the witness] to Fayette, Ala.; and on that day sold the said two bales of cotton to the defendant, E. Rose, for the sum of eighty-two and 80-100 dollars, and that the cotton was worth that sum in the markets at that time.” A sale implies., and this testimony of Sexton imports, a delivery of the property to the purchaser. Such purchase, payment for and taking possession of the cotton…
2Cases cited8 opinions
- Bolling v. Kirby & BrotherSupreme Court of Alabama · 1890
- Ellis v. MartinSupreme Court of Alabama · 1877
- Rees v. CoatsSupreme Court of Alabama · 1880
- Smith v. FieldsSupreme Court of Alabama · 1885
- Varnum v. StateSupreme Court of Alabama · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Pinckard v. CasselsSupreme Court of Alabama · 1915
- Stickney v. Dunaway & LambertSupreme Court of Alabama · 1910
- Stewart v. ClemensSupreme Court of Alabama · 1929
- Barnett Bros. Mercantile Co. v. JarrettSupreme Court of Arkansas · 1918
- McRae v. BandySupreme Court of Alabama · 1959
13 more not listed; retrieve them via the Exa API.