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146 Ala. 490

Bennett & Co. v. Brooks

Supreme Court of Alabama

Decided April 28, 1906

Supreme Court of Alabama · decided 1906-04-28

Heard before Hon. D. W. Speake. The complaint in this case was -in the following language: “Plaintiff claims of the defendants $500 damages for the conversion by them between the months of November, 1901, and September, 1902, of the following chattels, to-wit: 1,130 bales of cotton seed hulls, of the average weight of 66 2-3 pounds, the property of plaintiff: The defendant interposed the general issue and the following special pleas: “(2) The defendants for plea allege that…

Relies on Blackman v. Lehman, Durr & Co. · Milner & Kettig Co. v. DeLoach Mill Manufacturing Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1906-04-28

How this case has been cited

Cited by 16 later decisions — most recently November 1959

16 state decisions

60190619101920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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ANDERSON, J.

¶1If any one of the pleas that, were stricken did not come within the influence, of section 3286 of the Code of 1896, then the defense attempted thereunder was available under the general issue, and the action of the court in sustaining the motion to strike was not reversible error.

¶2The undisputed evidence showed that the hulls belonged to the plaintiff when converted by the defendants, who got them from Johnson, and, as the. said Johnson had. no title thereto, his vendee could acquire no better title than he had, whether- purchased with or without notice of plaintiff’s title and for a valuable consideration. “One who, though acting in good faith, purchases a chattel from a person in possession, but without title or authority or indicia of authority, from the true owner to sell, acquires as against the true owner, no title, and the latter may maintain trover for its conversion.” — 26 Am. & Eng. Ency. Law (2d Ed) p. 702;Blackman v. Lehman, 63 Ala. 547, 35 Am. Rep. 57; Milner & Kettiq Co. v. De Loach Mfg. Co., 139 Ala. 645, 36 South. 765, 101 Am. St. Rep. 63.

¶3*495Tlie court properly gave the general affirmative charge for the plaintiff. As the affirmative charge was properly given for plaintiff, there was no error in refusing the charges requested by the defendant.

¶4None of the evidence offered or attempted to be brought out by the interrogatories to which objection was sustained had any tendency to weaken plaintiff’s title or set up other facts to defeat his recovery, and the ruling of the trial court thereon was free from error.

¶5The judgment of the circuit court is affirmed.

Haralson, Dowdell, and Denson, JJ., concur.
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