Medlin v. Wilkerson
Supreme Court of Alabama
Appeal from the Circuit Court of Tuscaloosa. Tried before the Hon. W. E. Clarke. The appellee, Presley M. Wilkerson, brought an action of detinue against the appellant, W. R. Medlin, for the recovery of two mules. The plaintiff had loaned the mules to one Grimmer, in Marion, Perry county, Alabama, to conduct a peddling business, expressly directing him not to sell or otherwise dispose of them.
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Appeal from the Circuit Court of Tuscaloosa. Tried before the Hon. W. E. Clarke. The appellee, Presley M. Wilkerson, brought an action of detinue against the appellant, W. R. Medlin, for the recovery of two mules. The plaintiff had loaned the mules to one Grimmer, in Marion, Perry county, Alabama, to conduct a peddling business, expressly directing him not to sell or otherwise dispose of them. Grimmer sold the mules for full value to one Meyer in Tuscaloosa, Alabama, who sold them to the defendant. There was no proof that the plaintiff knew of or assented to the sale by Grimmer to Meyer, or…
1Opinion of the CourtSomeryille, J.
— There is no conflict in that part of the evidence which shows that Grimmer held the mules in controversy as the mere bailee of the plaintiff, without authority to sell or otherwise dispose of them. The law is settled that a bailee can not make a valid sale of the property, which is the subject of the bailment, even to a bona fide purchaser who may buy in ignorance of the vendor’s want of title. The purchaser in such cases is charged with notice of the true ownership of the property, and buys at his peril. McCall v. Powell, 64 Ala. 254; Calhoun v. Thompson, 56 Ala. 166; Sumner v. Woods, 67…
2Cases cited3 opinions
- Calhoun v. ThompsonSupreme Court of Alabama · 1876
- Sumner v. WoodsSupreme Court of Alabama · 1880
- McCall v. PowellSupreme Court of Alabama · 1879
3Cited by9 opinions
- Warren v. LiddellSupreme Court of Alabama · 1895
- Boozer v. JonesSupreme Court of Alabama · 1910
- Taylor v. WelshAppellate Court of Illinois · 1907
- Ullman v. MyrickSupreme Court of Alabama · 1890
- Powell v. SturdevantSupreme Court of Alabama · 1887
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