Aldrich Mining Co. v. Pearce
Supreme Court of Alabama
Trover. Appeal from Marion Circuit Court. Heard before Hon. A. H. Alston. Action by James P. Pearce against the Aldrich Mining Company in trover for the conversion of certain coals and minerals. Judgment for plaintiff and de fendant appeals.
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Trover. Appeal from Marion Circuit Court. Heard before Hon. A. H. Alston. Action by James P. Pearce against the Aldrich Mining Company in trover for the conversion of certain coals and minerals. Judgment for plaintiff and de fendant appeals. The testimony of Pearce showed that he was not in possession when the conversion happened, and hence, his action will not lie.— Garrett v. Sewell, 95 Ala. 457; Ferris v. Hoglan, 121 Ala. 240. The appellant was also entitled to the affirmative charge because the evidence showed that the defendant was holding adversely at the time the coal was severed. —…
1Opinion of the Court
MAYÍFJELD, J.
This was an action of trover for the conversion of 3,000 tons of coal, mined from the S. E. 1-4 of the S. E. 1-4 of section 10, township 12, range 12 west, in Marion county, Ala. The case was tried upon the general issue in short, by consent, with leave for defendant to give in evidence anything that would be a defense; and for the plaintiff to give in evidence anything that would be good as a replication if specially *163pleaded. The- trial resulted in verdict and judgment for plaintiff for $1,023, from which judgment the defendant appeals, here assigning various errors on the part…
2Cases cited14 opinions
- Cooper v. WatsonSupreme Court of Alabama · 1882
- White v. YawkeySupreme Court of Alabama · 1895
- Fielder v. ChildsSupreme Court of Alabama · 1883
- White, McLane & Morris v. FarrisSupreme Court of Alabama · 1899
- Birmingham Mineral Railroad v. Tennessee Coal, Iron RailroadSupreme Court of Alabama · 1899
9 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Dollar v. McKinneySupreme Court of Alabama · 1958
- Green v. MarlinSupreme Court of Alabama · 1929
- Milford v. Tenn. River Pulp & Paper Co.Supreme Court of Alabama · 1978
- Williams v. LyonSupreme Court of Alabama · 1913
- Choice v. Texas Co.District Court, N.D. Texas · 1933
12 more not listed; retrieve them via the Exa API.