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229 Ala. 226

156 So 764

Powell v. Benefield

Supreme Court of Alabama

Decided October 4, 1934

Supreme Court of Alabama · decided 1934-10-04

Relies on Southern Ry. Co. v. Morris

Good law ✅— No negative treatment on recordhow we know

Decided 1934-10-04

How this case has been cited

Cited by 31 later decisions (1 by the Supreme Court) — most recently September 1991 · most notably Norris v. State of Alabama (1935), Williams v. Georgia (1955)

1 federal appellate · 24 state decisions

701934194019501960197019801990decided

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, Chief Justice.

¶1 This is an action by the assignee of a mortgage (appellee) for the conversion of a mule by the dafendant (appellant). There was ample proof of the execution of the mortgage and of the assignment to the plaintiff. There was also proof from which the jury could find that Anderson took possession of the mule as agent for the defendant, and that tile handling and withholding of said mule amounted to a conversion.

¶2 The witness, Stone, who was familiar with the mule, did not have to be an expert in order to testify to the value of the said mule at or near the time of the conversion. Southern Ry. Co. v. Morris, Adm'r, 143 Ala. 628, 42 So. 17.

¶3 The other rulings, argued by the appellant's counsel, are so plainly free from reversible error and are so elementary that a discussion of same can serve no useful pui~-pose.

¶4 The judgment of the county court is affirmed.

¶5 Affirmed.

THOMAS, BROWN, and KNIGHT, JJ., concur.
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