Boyles v. Knight

• Decision Date: 30 June 1899
• Citation: 123 Ala. 289,26 So. 939
• Parties: BOYLES v. KNIGHT. [1]
• Court: Alabama Supreme Court

26 So. 939

123 Ala. 289

BOYLES v. KNIGHT. ^[1]

Supreme Court of Alabama

June 30, 1899

Appeal from circuit court, Clarke county; John C. Anderson, Judge.

Action by N. B. Boyles against William Knight. Judgment for defendant. Plaintiff appeals. Reversed.

This was an action of trover to recover damages for the alleged conversion of a certain amount of cotton. The suit was instituted on November 6, 1897. On the trial of the case it was shown that the cotton involved in the controversy was raised on the farm cultivated by Mrs. Caroline McKinley and her husband, E. F. McKinley; that on February 24, 1897, Mrs Caroline McKinley and her husband, E. F. McKinley, gave to plaintiff, N. B. Boyles, a mortgage on the lands referred to and on the entire crop to be raised by them during the current year. This mortgage was introduced in evidence. The evidence for the plaintiff tended to show that prior to November 1, 1897, the cotton alleged to have been converted had been delivered by E. F. McKinley to one Smith, as the agent of W. J. Buckalew, and by Smith was sold to the defendant, William Knight. It was also shown by the evidence for the plaintiff that on December 13, 1894, one J. W Squares and his wife conveyed the lands upon which the said cotton was raised to Mrs. Caroline McKinley by deed, and that Mrs. McKinley owned the lands at the time of the execution of the mortgage to the plaintiff. It was further shown by the evidence that E. F. McKinley and his wife on January 25 1897, executed a note to W. J. Buckalew by which they promised to pay one bale of cotton, or $30, for the rent of the lands upon which the cotton involved in this controversy was raised; that Buckalew told E. F. McKinley and his wife that they owed him some money, and that he took the rent note to make himself secure in said money. It was further shown by the evidence that Buckalew turned over to Smith the note for collection, and, to pay said note, E. F. McKinley turned over to said Smith the cotton alleged to have been converted, and that Smith sold said cotton to the defendant, William Knight and paid the part of the proceeds of said sale to Buckalew. Subsequently Buckalew paid to the plaintiff the money so received by him from Smith. Mrs. McKinley testified that she signed the note to Buckalew without reading it over, but was told that it was for the purpose of paying an indebtedness which she and her husband owed said Buckalew. Upon the...