Birt v. Greene & Co.

The opinion of the Court was delivered by

Mr. Justice Cothran.

Action in claim and delivery for two bales of cotton. Verdict for the plaintiff for the delivery of the property or its value, $200.00. The defendants appeal.

The respective contentions of the parties will appear from the following statement of facts, as to which there appears to be no controversy.

The land, a body of ten acres of open land upon which the cotton was grown, was a part of a tract containing 165 acres, and belonged to the estate of J. W. Birt, deceased, father of the plaintiff, F. C. Birt. The entire tract was under the…