Brooks v. Greil Bros.
Supreme Court of Alabama
Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Action by Mary E. Brooks against Greil Bros. Company for money bad and received. Judgment for defendant and plaintiff appeals. Under tbe facts in this case tbe action for money bad and received will lie as tbe possession was not adverse to tbe true owner. —Price v. Pickett, 21 Ala. 741; 27 Cyc. 865. No estoppel is shown on tbe part of Mrs. Brooks to maintain this action. — 21 Cyc. 1240; First Nat.
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Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Action by Mary E. Brooks against Greil Bros. Company for money bad and received. Judgment for defendant and plaintiff appeals. Under tbe facts in this case tbe action for money bad and received will lie as tbe possession was not adverse to tbe true owner. —Price v. Pickett, 21 Ala. 741; 27 Cyc. 865. No estoppel is shown on tbe part of Mrs. Brooks to maintain this action. — 21 Cyc. 1240; First Nat. Bank v. Leland, 122 Ala 295; Brown v. Bamberger, 110 Ala. 342; 31 Cyc. 1252; Oorry v. Jones, 114 Ala. 502. In acquiring tbe…
1Opinion of the CourtSimpson, J.
This is an action by the appellant against the appellee for money had and received, based upon the claim that the defendant had received certain bales of cotton which were paid by a renter on plaintiff’s plantation for rent, and had sold the same. The facts are plaintiff owned a plantation in Lowndes county known as the “Williamson place.” The records of the probate court of said county show that the lands of the estate of plaintiff’s father were partitioned in 1877, a certain portion of said lands being allotted to the plaintiff (then Mary E. Williamson), and that she subsequently purchased…
2Cases cited11 opinions
- McFadden & Bro. v. HendersonSupreme Court of Alabama · 1900
- Tobias v. Josiah Morris & Co.Supreme Court of Alabama · 1899
- Price v. PickettSupreme Court of Alabama · 1852
- First National Bank v. NelsonSupreme Court of Alabama · 1894
- Brooks v. CookSupreme Court of Alabama · 1904
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Christie v. DurdenSupreme Court of Alabama · 1921
- Irvin v. IrvinSupreme Court of Alabama · 1922
- First Nat. Bank v. BurnettSupreme Court of Alabama · 1925
- A. S. Knowles Dry Goods Co. v. GunterSupreme Court of Alabama · 1920
- Corinth Bank & Trust Co. v. PrideSupreme Court of Alabama · 1918
7 more not listed; retrieve them via the Exa API.