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138 Ala. 267

Farrow v. Wooley

Supreme Court of Alabama

Decided November 15, 1902

Supreme Court of Alabama · decided 1902-11-15

Tried before tbe Hon. J. A. Bilbro. This action, which was originally commenced in a justice of the peace court, was brought by the appellees, Earnest W. and John E, Jordan, doing business under the firm name of Wooley & Jordan, against the appellant, Thomas L. Farrow. From a judgment in favor of the plaintiffs in the justice of the peace court, the defendant appealed to the circuit court.

Cited by 2 later decisions — most recently January 1925

2 state decisions

Relies on Collier v. Faulk · Jordan v. Lindsay · Adams v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1902-11-15

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.DOWDELL, -T.

¶1The undisputed evidence in this case showed üi at no force or violence was used in taking the cotton, and that the legal title to the cotton was in Tillman, from whom the defendant purchased it. The defendant was entitled to the affirmative charge as requested, and the court erred in its refusal. Jordan v. Lindsay, 132 Ala. 567, 31 So. Rep. 484; Code, 1896, § 2712.

¶2The case of Collier v. Faulk, 69 Ala. 58, and Adams v. State, 87 Ala. 89, and the other cases following the Collier v. Faulh decision, in addition to those mentioned in Jordan v. Lindsay, supra,must be overruled.

¶3Reversed and remanded.

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