Milliken v. Maund
Supreme Court of Alabama
Appeal from the Circuit Court of Henry. Tried before the Hon. Jesse M. Carmichael. This was an action of trover brought by the appellee against the appellant. The facts of the case are sufficiently stated in the opinion. There were verdict and judgment for the plaintiff. The defendant appeals, and assigns as error the several rulings of the court to which exceptions were reserved.
1Opinion of the CourtHead, J.
Trover by a mortgagee to recover damages for the conversion of a chattle described as “one four-horse wagon, Ross make.” It was admitted by the defendant that he had converted a certain wagon belonging to the mortgagor, to which the latter sometimes drove four mules and which was also called a lumber dray, but the defense, was sought to be made that this vehicle was not the one embraced by the mortgage. It was shown by the evidence that at the time of the execution of the mortgage the mortgagor owned another four-horse wagon, but it appeared without dispute that this was a Tennessee wagon or…
2Cases cited3 opinions
- Tayloe v. BushSupreme Court of Alabama · 1883
- Dowling v. BlackmanSupreme Court of Alabama · 1881
- Lewis v. PaullSupreme Court of Alabama · 1868
3Cited by6 opinions
- Smith v. LilleySupreme Court of Alabama · 1949
- Rarden v. CunninghamSupreme Court of Alabama · 1902
- Hunnicutt Lumber Co. v. Mobile & Ohio R. R.Alabama Court of Appeals · 1911
- Buford v. GradenAlabama Court of Appeals · 1912
- Yellow Pine Lumber Co. v. Alabama State Land Co.Supreme Court of Alabama · 1911
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