Collins v. Sherbet
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. Tried before the Hon. James A. Bilbbo. This was an action of trover, brought by the appellee, Mary J. Sherbet, against the appellant, A. G. Collins, to recover damages for the alleged conversion of one mule named Belle, one mule named Gip, one cow, two yearlings, one two horse wagon, two sets plow gears, two blind bridles, and one pair wagon lines.
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Appeal from the Circuit Court of Marshall. Tried before the Hon. James A. Bilbbo. This was an action of trover, brought by the appellee, Mary J. Sherbet, against the appellant, A. G. Collins, to recover damages for the alleged conversion of one mule named Belle, one mule named Gip, one cow, two yearlings, one two horse wagon, two sets plow gears, two blind bridles, and one pair wagon lines. As to the testimony of the witness May, the statement contained in the abstract, which is referred to in the opinion, is as follows : “On the examination of T. S. May, plaintiff asked him if he had had any…
1Opinion of the Court
COLEMAN, J. —
The appellee, Mary J. Sherbet, a married woman, sued the appellant in trover to recover for all alleged conversion of one mule named Belle, one mule named Gip, one cow, two yearlings, one two horse wagon, two sets plow gear, two blind bridles and one pair wagon lines. This property was first mortgaged by the husband in payment of the debt. This transaction between the husband and defendant is not questioned.
After the close of the evidence, the defendant requested the court to instruct the jury to find for the defendant as to the mule Belle, which instruction the court refused. We…
2Cases cited5 opinions
- Russell v. WalkerSupreme Court of Alabama · 1882
- Pollak & Co. v. GravesSupreme Court of Alabama · 1882
- Ellerson v. StateSupreme Court of Alabama · 1881
- Martin v. Mayer Bros.Supreme Court of Alabama · 1896
- Stout v. KinseySupreme Court of Alabama · 1890