Evington v. Smith Bros.
Supreme Court of Alabama
Appeal from the Circuit Court of Choctaw. Tried before the Hon. Luther R. Smith. This action was brought by Smith Brothers, suing as partners, against William H. Evington, to recover damages for the alleged conversion of five bales of cotton ; and was commenced on the 3d April, 1879. The cause was tried on issue joined, but the record does not show what pleas were filed.
Read the full summary
Appeal from the Circuit Court of Choctaw. Tried before the Hon. Luther R. Smith. This action was brought by Smith Brothers, suing as partners, against William H. Evington, to recover damages for the alleged conversion of five bales of cotton ; and was commenced on the 3d April, 1879. The cause was tried on issue joined, but the record does not show what pleas were filed. The cotton in controversy was raised by one George Washington, a freedman, during the year 1877, on a plantation in Sumter county which lie was cultivating, called the “ Gilmore placeand it was delivered by him to the…
1Opinion of the CourtBbickell, C. J.
The only point, to which the instructions of the Circuit Court were directed, is, whether the instrument under which the appellees deduce title to the cotton in controversy is a mortgage, passing title, or the mere declaration of a lien or charge, intended as security for the payment of the debt owing to the appellees. If the latter is the true character of the instrument, it is certain no right of property passed to the appellees, and trover can not be maintained by them.—Treadway v. Treadway, 55 Ala. 390; Folmar v. Copeland, 58 Ala. 588; Stern v. Simpson, 62 Ala. 194.
In the construction of…
2Cases cited3 opinions
- Ellington v. CharlestonSupreme Court of Alabama · 1874
- Mervine v. WhiteSupreme Court of Alabama · 1874
- Stern v. SimpsonSupreme Court of Alabama · 1878
3Cited by7 opinions
- Summers v. Ralston Purina Co.Supreme Court of Alabama · 1954
- Bush v. GarnerSupreme Court of Alabama · 1882
- Bank of Florala v. SmithAlabama Court of Appeals · 1914
- Carroll v. KellySupreme Court of Alabama · 1895
- Ex Parte PatrickSupreme Court of Alabama · 1921
2 more not listed; retrieve them via the Exa API.