Baker v. Cotney
| Decision Date | 10 January 1905 |
| Citation | 142 Ala. 566,38 So. 131 |
| Parties | BAKER v. COTNEY. |
| Court | Alabama Supreme Court |
Appeal from Circuit Court, Tallapoosa County; A. H. Alston, Judge.
Action by S. M. Cotney against D. W. Baker. From a judgment for plaintiff, defendant appeals. Reversed.
This action was brought to recover $375 for the taking of certain articles of personal property, which was described in the complaint. The complaint contained three counts. The first count was in trover, the second in trespass, and the third was in case. The third count claimed damages for that the defendant removed, or caused to be removed and converted to his own use, 4 bales of cotton, 590 pounds of seed cotton, 66 bushels of cotton seed, and other farm products, upon which it was averred the plaintiff had a lien as a landlord of D N. Cotney, L. P. Cotney, and J. J. Cotney, and for advances made to them, and of which lien it was averred in said count the defendant had knowledge at the time he removed and converted said cotton and other farm products, and that after said removal the defendant refused to deliver up said property to the plaintiff upon his demand, and that by said removal or conversion said lien and the remedy for its enforcement were lost to plaintiff. The defendant demurred to the third count of the complaint, upon the grounds that it was too vague and indefinite, and that it was not shown thereby that the defendant destroyed the plaintiff's lien on said property described in said count. This demurrer was overruled, and defendant duly excepted. The cause was tried upon pleas of the general issue. The facts of the case necessary to an understanding of the decision are sufficiently stated in the opinion. Upon the introduction of all the evidence, the court, at the request of the plaintiff gave the general affirmative charge in his behalf. There were verdict and judgment for the plaintiff. The defendant appeals, and assigns as error the several rulings of the trial court to which exceptions were reserved.
D. H Riddle, for appellant.
Jas. W Strother, for appellee.
This action was brought by the plaintiff against the defendant for the conversion of the crop or for the destruction of the landlord's lien. The complaint contains three counts -- trover, trespass, and case. Defendant demurred to the third count, and the trial court properly overruled said demurrer.
The plaintiff, S. M. Cotney, rented a certain place, known as the "Allen Place," for the year 1903, to D. N., L. P. and J. J. Cotney, a brother and the other nephews of the plaintiff, for 2,000 pounds of lint cotton, to be delivered on the 1st of November of said year. The evidence showed that defendant got 4 bales of lint cotton, 590 pounds of seed cotton, and 1,460 pounds of cotton seed from the different gins, and that it had been left there for plaintiff, and delivered there as per his instruction; that defendant also got 872 bundles of fodder and 2,440 pounds of hay from the rented premises in the possession of the tenants. The evidence also showed that defendant had knowledge of facts sufficient to put him on notice as to plaintiff's lien for rent. Plaintiff also introduced in evidence a mortgage on certain personal property and the crop to be grown for said year by the said tenants, and which was signed by each of them. Said mortgage was for $227, and shows several credits which would reduce the amount due to about $17. The plaintiff admitted, when testifying, that he had received certain payments--hay, corn, etc.--and that they had all been credited on said mortgage. He also admitted that the mortgage was entitled to a credit of two mules at $40 each. We find credits for mules on the mortgage, but nothing to indicate that they were these two mules at $40 each, and witness does not say they have been...
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Griggs v. State
...raised on certain land, may nevertheless give his best judgment as to how much cotton was raised on this particular land, Baker v. Cotney, 142 Ala. 566, 38 So. 131; that witness may give his opinion as to whether certain shots that he heard were fired from a large or small caliber pistol, S......
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Key v. State
...to form an opinion or judgment. There are many questions upon which a nonexpert may express his judgment or opinion. Baker v. Cotney, 142 Ala. 566, 38 So. 131; Williams v. State, 147 Ala. 10, 41 So. 992. It shown that this witness Hightower had knowledge of facts giving him an opportunity t......
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Jordan v. Henderson
...He could never recover in trover for those things which were never delivered and upon which he had nothing but a lien. Baker v. Cotney, 142 Ala. 566, 38 So. 131; Martin v. Scott, 14 Ala.App. 230, 69 So. 309. As stated in Sullivan v. Miller, 224 Ala. 395, 140 So. 606, 607: 'To support the ac......
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Martin v. Scott
..."He could not recover in trover for those things that were never delivered, and upon which he had nothing but a lien." Baker v. Cotney, 142 Ala. 566, 569, 38 So. 131. also, Code 1907, § 4742; Jordan v. Lindsey, 132 Ala. 567, 31 So. 484; Southern Railway Co. v. Attalla, 147 Ala. 653, 41 So. ......