Rhodes-Carroll Furniture Co. v. Webb

GARDNER, Justice.

Defendant, by its agents (two white men and a negro driving the truck), took from plaintiff’s home certain furniture, which he had purchased, on what is known as a “lease-sale” contract, and upon which there was still due $15.50.

Plaintiff’s case rests upon the theory of a wrongful and unlawful taking, though defendant had the title and right to possession of the furniture. Unlawful force forms the essential element of the trespass. This question was fully discussed in the recent case of Cox v. Stuart, 229 Ala. 409, 157 So. 460, and needs no repetition here.

Defendant insists,…