Sparks v. Rawls
Supreme Court of Alabama
Error to the Circuit Court of Tallapoosa. Tried before the Hon. John J. Woodward. 1. The court erred in excluding the evidence about the invoice, or rather the value of the goods, as deposed to by the witness, merely refering to the invoice as a circumstance which fixed in his mind the value of the goods.
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Error to the Circuit Court of Tallapoosa. Tried before the Hon. John J. Woodward. 1. The court erred in excluding the evidence about the invoice, or rather the value of the goods, as deposed to by the witness, merely refering to the invoice as a circumstance which fixed in his mind the value of the goods. This was a fact within the knowledge of the witness, and was not proving the contents of a written instrument by parol. 2. The possession of property is prima facie evidence of title, and fraud cannot be presumed in the absence of proof. Proof showing that plaintiff purchased the goods from…
1Opinion of the CourtDargan, C. J.
This was an action of trespass brought by the plaintiff against the defendant, who as sheriff had levied certain attachments, issued against one Starke, on the goods which at the time of the levy were in the possession of the plaintiff. The sheriff justified the taking on the ground that the goods were the property of Starke and liable to be attached as his property. On the trial the plaintiff introduced a witness who testified that the plaintiff was in the possession of the goods at the time of the levy, and that he, the witness, was selling them •as his clerk; that some time previous to the…
2Cases cited1 opinion
- Pharr v. BachelorSupreme Court of Alabama · 1841
3Cited by3 opinions
- Patterson v. KickerSupreme Court of Alabama · 1882
- Jarrell v. LillieSupreme Court of Alabama · 1866
- O'Neal v. BrownSupreme Court of Alabama · 1852