Birmingham Mineral Railroad v. Tennessee Coal, Iron Railroad
Supreme Court of Alabama
Appeal from the Circuit Court of Blount. Tried before the Hon. J. A. Bilbro. This was a'n action of trover, brought by the appellee, the Tennessee Coal, Iron & Railroad Company and the Sloss Iron & Steel- Company against the Birmingham Mineral Railroad Company, to recover damages for the alleged wrongful conversion of' 1,000 cross-ties, which were cut from the land owned by the plaintiffs.
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Appeal from the Circuit Court of Blount. Tried before the Hon. J. A. Bilbro. This was a'n action of trover, brought by the appellee, the Tennessee Coal, Iron & Railroad Company and the Sloss Iron & Steel- Company against the Birmingham Mineral Railroad Company, to recover damages for the alleged wrongful conversion of' 1,000 cross-ties, which were cut from the land owned by the plaintiffs. The cause was tried upon issue joined upon the plea of the general issue. ■ On the trial it was shown that the plaintiffs had a legal title to land from which the ties alleged to have been converted by the…
1Opinion of the Court
SHARPE, J.-
To show title to the ties alleged to have been converted, the attempt on the part of the plaintiffs was to prove they had been cut from land owned by them jointly by trespassers who disposed of them to certain tie contractors who in turn sold them to the defendant. There was evidence on the part of the defendant tending to show that payment had been made for some of the ties by persons who .cut- them or had them cut, to J. W. Bass, who, claiming to act as the plaintiffs’ agent, agreed on and received the value. To make such payment available as a defense it devolved on the…
2Cases cited13 opinions
- Wooden-Ware Co. v. United StatesSupreme Court of the United States · 1882
- South & North Alabama Railroad v. HenleinSupreme Court of Alabama · 1875
- United States Life Insurance v. LesserSupreme Court of Alabama · 1899
- Cooper v. WatsonSupreme Court of Alabama · 1882
- White v. YawkeySupreme Court of Alabama · 1895
8 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Southern States Fire Ins. v. KronenbergSupreme Court of Alabama · 1917
- Robinson & Co. v. GreeneSupreme Court of Alabama · 1906
- Eagle Iron Co. v. BaughSupreme Court of Alabama · 1906
- Louisville & Nashville Railroad v. ChambleeSupreme Court of Alabama · 1910
- Pullman Co. v. MeyerSupreme Court of Alabama · 1915
20 more not listed; retrieve them via the Exa API.