McCall v. Powell
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon. James Q. Smith. This action was brought by George N. Powell, against Hugh C. McCall, to recover damages for the conversion of two mules; and was commenced on tbe 25th November, 1878. On the trial, as the bill of exceptions states, the plaintiff thus testified in his own behalf: “ He bought one of said mules from W. W. Wilkinson, in Greenville, on the 12tb March, 1875, and intended to turn it over to Means, who…
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Appeal from the Circuit Court of Lowndes. Tried before the Hon. James Q. Smith. This action was brought by George N. Powell, against Hugh C. McCall, to recover damages for the conversion of two mules; and was commenced on tbe 25th November, 1878. On the trial, as the bill of exceptions states, the plaintiff thus testified in his own behalf: “ He bought one of said mules from W. W. Wilkinson, in Greenville, on the 12tb March, 1875, and intended to turn it over to Means, who was one of his tenants, to work on his plantation, on the lands rented by Means; and gave said Wilkinson, to secure the…
1Opinion of the CourtBrickell, C. J.
We are not of the opinion this case bears such analogy to Sumner v. Woods (52 Ala. 94), and Dudley v. Abner, (Ib. 572), as to be controlled by their authority. In each of those cases, the transaction was esteemed, in effect, a conditional sale. The vendee was clothed with a possession, separate from, and independent of the vendor ; not opening up inquiry, or calculated to excite it, as to his title. There was a sale, for a stipulated price, which the vendee was bound to pay. A condition was annexed, that the vendor, if the price was not paid, when it became due and payable, should have the…
2Cases cited2 opinions
- Sumner v. WoodsSupreme Court of Alabama · 1875
- Martin v. MathiotSupreme Court of Pennsylvania · 1826
3Cited by6 opinions
- Montgomery Gas-Light Co. v. City Council of MontgomerySupreme Court of Alabama · 1888
- Harmon v. Goetter, Weil & Co.Supreme Court of Alabama · 1888
- Medlin v. WilkersonSupreme Court of Alabama · 1886
- Stathem Ex Rel. Service Fire Insurance v. FerrellSupreme Court of Alabama · 1958
- Chevrolet Motor Co. v. Commercial Credit Co.Supreme Court of Alabama · 1926
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