Rees v. Coats
Supreme Court of Alabama
Appeal from the Circuit Court of Etowab. Tried before the Hon. Wm. L. Whitlock. This action was brought by George E. Coats, against Thomas S. Rees, to recover damages for the conversion of three bales of cotton ; and was commenced on the 20th September, 1877. The defendant pleaded not guilty, and a special plea of estoppel, which it is not necessary to notice.
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Appeal from the Circuit Court of Etowab. Tried before the Hon. Wm. L. Whitlock. This action was brought by George E. Coats, against Thomas S. Rees, to recover damages for the conversion of three bales of cotton ; and was commenced on the 20th September, 1877. The defendant pleaded not guilty, and a special plea of estoppel, which it is not necessary to notice. A demurrer, was interposed to the special plea, which seems to have been sustained, as the court gave the defendant leave to amend; but the record does not show that any amendment was made, and simply recites that “issues were joined…
1Opinion of the CourtStone, J.
— The case of Brown y. Goats, 56 Ala. 439, was founded on the same contract which is brought to view in this suit. In that case is a dictum, which, no doubt, caused this suit in the form in which it is brought. We regret this, as, on the facts shown in this record, the contract between Brown and Coats did not, of itself, vest a legal title in the latter, which is always necessary to maintain detinue or trover.— Tucker v. Leslie, at last term, and authorities cited. To maintain either of these common-law remedies, there must be a present right to immediate possession. Without some new act,…
2Cases cited12 opinions
- McCaffrey v. . WoodinNew York Court of Appeals · 1875
- Butt v. EllettSupreme Court of the United States · 1874
- Booker v. JonesSupreme Court of Alabama · 1876
- Hussey v. PeeblesSupreme Court of Alabama · 1875
- Lomax v. LeGrand & Co.Supreme Court of Alabama · 1877
7 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Jackson, Morris & Co. v. RutherfordSupreme Court of Alabama · 1882
- Hurst v. Bell & Co.Supreme Court of Alabama · 1882
- Pinckard v. CasselsSupreme Court of Alabama · 1915
- Elmore v. Simon & Bro.Supreme Court of Alabama · 1880
- Jones v. AndersonSupreme Court of Alabama · 1884
16 more not listed; retrieve them via the Exa API.