Lefkovitz v. Lester
Alabama Court of Appeals
Appeal from Shelby County Court. Heard before Hon.- E. S. Lyman. Action by Rufus Lester, revived in the name of his executor, against Max Lefkovitz and others for the conversion of certain property. Judgment for plaintiff, and defendants appeal. The facts sufficiently appear from the opinion.
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Appeal from Shelby County Court. Heard before Hon.- E. S. Lyman. Action by Rufus Lester, revived in the name of his executor, against Max Lefkovitz and others for the conversion of certain property. Judgment for plaintiff, and defendants appeal. The facts sufficiently appear from the opinion. The special pleas set up want of consideration; that plaintiff claimed through the mortgage, and that the consideration of the mortgage was a mule bought by Sharbutt from said Rufus Lester, and that the mule was returned to Lester, and he received and sold it to other parties ; that the proceeds of the…
1Per curiam
This was an action of trover by the mortgagee of personal property against the mortgagor and the/ purchaser from him of the mortgaged property. Under the evidence there was no room for controversy, and the bill of exceptions does not indicate that there was any controversy in the trial, as to the facts that the property alleged to have been converted was part of the crop covered by the mortgage to the plaintiff, and was grown in the county in which the mortgage was duly recorded before the sale of that property by one of the defendants to the other. The contentions which the defendants…
2Cases cited4 opinions
- Powell v. ThompsonSupreme Court of Alabama · 1885
- Chadwick v. RussellSupreme Court of Alabama · 1897
- Larkins & Moore v. EckwurzelSupreme Court of Alabama · 1868
- Pippin v. Farmers' Warehouse Co.Supreme Court of Alabama · 1910
3Cited by5 opinions
- Union State Bank of Wapato v. WarnerWashington Supreme Court · 1926
- Producers Livestock Marketing Ass'n v. LivingstonSupreme Court of Iowa · 1933
- Baker v. LauderdaleAlabama Court of Appeals · 1915
- Geneva Gin & Storage Co. v. RawlsAlabama Court of Appeals · 1940
- Talmage-Sayer Co. v. SmithMontana Supreme Court · 1932