C. D. Chapman & Co. v. Metcalf
Supreme Court of Alabama
Trover. Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearoe. Trover by C. D. Chapman & Co. against P. M. Met-calf, for sis bales of cotton.
Read the full summary
Trover. Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearoe. Trover by C. D. Chapman & Co. against P. M. Met-calf, for sis bales of cotton. Judgment for defendant and plaintiff appeals. — Mere direction to the mortgagor to sell and pay the money to the mortgagee is not tantamount to a delivery of cotton to the mortgagee. — Keith v. Ham, 89 Ala. 590. Where both parties claim under the .same person, the defendant cannot show an outstanding legal title in another with which he does not connect himself. — Mitchell v. Thomas, 114 Ala. 495. — Counsel discuss the-issues presented and…
1Opinion of the CourtMayfield, J.
— This action was originally brought by the appellants against the appellee to recover damages for the conversion of seven bales of cotton. The proof showed that the cotton Avas raised by one HoAvell, and sold by him'to defendant; that plaintiffs held a mortgage on the cotton' executed by said Howell to them; that HoAvell had executed other mortgages on the cotton to other parties, prior to the mortgage of plaintiff; that those prior mortgages Avere transferred and assigned to one Driver before maturity and before the alleged conversion of the cotton; that when a part of the cotton (three or…
2Cases cited4 opinions
- Street v. SinclairSupreme Court of Alabama · 1881
- Keith & Son v. HamSupreme Court of Alabama · 1890
- Belser v. Youngblood & SonsSupreme Court of Alabama · 1893
- Beyer & Son v. FieldsSupreme Court of Alabama · 1901
3Cited by2 opinions
- White v. KinneySupreme Court of Alabama · 1924
- Butler Cotton Oil Co. v. G. H. Campbell & SonAlabama Court of Appeals · 1918