Street v. Kelly
Supreme Court of Alabama
Trover. Appeal from Talladega Circuit Court. Tried before Hon John Henderson. This was an action of trover, brought January 28, 1876, by S. O. Kelly against Andrew J. Street, for the conversion by tbe latter of six mules, three wagons, &o. The plaintiff testified that be sold tbe property in controversy to Robbs Bros, on November 14, 1874, and took from them a mortgage, or lien to secure tbe unpaid purchase-money.
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Trover. Appeal from Talladega Circuit Court. Tried before Hon John Henderson. This was an action of trover, brought January 28, 1876, by S. O. Kelly against Andrew J. Street, for the conversion by tbe latter of six mules, three wagons, &o. The plaintiff testified that be sold tbe property in controversy to Robbs Bros, on November 14, 1874, and took from them a mortgage, or lien to secure tbe unpaid purchase-money. A paper was then banded the witness, by counsel, and be identified it as tbe mortgage referred to, but the defendant objected to tbe introduction of tbe mortgage because it was…
1Opinion of the CourtBrickell, C. J.
— 1. The declaration made by the plaintiff k> the defendant, that Robbs Brothers had not carried out their contract with him, and defendant’s purchase of the property in controversy from them was not worth a cent, ought to have been excluded. If relevant, it was only as evidence that Robbs Brothers had broken their contract, and the condition had happened on which, as the plaintiff claims, the property was to be restored to him. Declarations by a party promotive of his own interests, though' made to his adversary, not parts of the res gestae, or of facts lying within the knowledge of the…
2Cited by1 opinion
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