Roberts v. Caple
Alabama Court of Appeals
Appeal from St. Clair Circuit Court. Heard before Hon. J. E. Blackwood. Detinue and trover by J. W. Caple against J. W. Roberts for the recovery of a house. Judgment for plaintiff and defendant appeals.
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Appeal from St. Clair Circuit Court. Heard before Hon. J. E. Blackwood. Detinue and trover by J. W. Caple against J. W. Roberts for the recovery of a house. Judgment for plaintiff and defendant appeals. It is the contention of the appellant that the title to the lot never really passed out of the mortgagee, and that hence, appellant was entitled to introduce such mortgage in evidence in his behalf, and that the court erred in declining to permit its introduction, but counsel cites no authority in support of his contention. Under the agreement, the house remained personal property, and did not…
1Opinion of the CourtPelham, J.
— On the trial in the circuit court, where the case was brought on an appeal from a justice’s court, a substitute complaint containing two counts was filed in lieu of a lost complaint. Count 1 is in detinue, and claims the right to recover of the defendant a certain described frame house, which it is alleged was erected on a certain lot by the plaintiff under a contract entered into with one A. D. Harrold, who was the owner and in possession of the lot at the time the house was built; and that under the terms of the agreement the house was not to become a fixture to the realty, but was to…
2Cases cited7 opinions
- Tifft v. . HortonNew York Court of Appeals · 1873
- Foster v. MabeSupreme Court of Alabama · 1842
- Harris v. PowersSupreme Court of Alabama · 1876
- Broaddus v. SmithSupreme Court of Alabama · 1898
- Padgett v. ClevelandSupreme Court of South Carolina · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Mallory v. AgeeSupreme Court of Alabama · 1932
- Waldrep v. CommissionerUnited States Tax Court · 1969
- Burbridge v. TherrellSupreme Court of Florida · 1933
- Smith v. BushSupreme Court of Oklahoma · 1935
- Clements v. MortonSupreme Court of Alabama · 1917
3 more not listed; retrieve them via the Exa API.