Ward v. Shirley
Supreme Court of Alabama
Appeal from the County Court of Tuscaloosa. Heard before the Hon. J. J. Mayfield. This was a statutory action of detinue brought by the appellant, H. J. Ward, against the appellee, C. S. Shirley, to recover possession of a mule and the value of the use and hire' thereof during the detention. The defendant pleaded the general issue, and the cause was tried upon issue joined upon said plea.
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Appeal from the County Court of Tuscaloosa. Heard before the Hon. J. J. Mayfield. This was a statutory action of detinue brought by the appellant, H. J. Ward, against the appellee, C. S. Shirley, to recover possession of a mule and the value of the use and hire' thereof during the detention. The defendant pleaded the general issue, and the cause was tried upon issue joined upon said plea. On the trial of the cause, the plaintiff testified that he bought to mule involved in this suit, together with other property, from one Ed. W. Anderson during the last part of December, 1899; that he paid a…
1Opinion of the CourtMoCLELLAN, C. J.
The question whether the alleged sale to Ward was an absolute and unconditional sale depended upon the facts and circumstances of the transaction including the bill of sale, and was not determinable by the opinion of the witness W. T. Ward. So; too, whether any interest was reserved to the seller depended upon the terms of the bill of sale and deductions to be drawn from what the parties did with reference to the property afterwards; and it was not for said witness to state his conclusion or opinion that the sale was without any reservation of interest to the seller. The court properly…
2Cases cited1 opinion
- Woodrow v. HawvingSupreme Court of Alabama · 1894
3Cited by5 opinions
- Millner v. StateSupreme Court of Alabama · 1907
- Shafer & Co. v. HausmanSupreme Court of Alabama · 1903
- York v. StateSupreme Court of Alabama · 1908
- Glenn Refining Co. v. WebsterAlabama Court of Appeals · 1912
- Hollimon v. McGregorSupreme Court of Alabama · 1933