Bowen v. Evans

Supreme Court of Alabama

Bowen v. Evans

76 So. 928, 200 Ala. 570, 1917 Ala. LEXIS 543

CourtSupreme Court of Alabama

DecidedNovember 15, 1917

Docket5 Div. 679.

StatusPublished

This text of 76 So. 928 (Bowen v. Evans) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bowen v. Evans, 76 So. 928, 200 Ala. 570, 1917 Ala. LEXIS 543 (Ala. 1917).

Pincite

Opinion

THOMAS, J.

The question presented is one of fact. Appellant brought an action of detinue against appellee to recover one bale of cotton. Appellant claimed title to the cotton under a mortgage by one Evans to appellant, executed on the 2d day of Januáry, 1915, and recorded on the 5th day of the same month. The possession of the cotton by defendant was admitted on the trial.

The burden of 'proof was on the plaintiff to establish his title to the specific cotton. After a careful examination of the evidence, we are of the opinion that he has failed to do this. The circuit court, trying without a jury, reached the right conclusion and rendered proper judgment.

Affirmed.

ANDERSON, C. J., and MAYFIELD and SOMERVILLE, JJ., concur.

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THOMAS, J.

The question presented is one of fact. Appellant brought an action of detinue against appellee to recover one bale of cotton. Appellant claimed title to the cotton under a mortgage by one Evans to appellant, executed on the 2d day of Januáry, 1915, and recorded on the 5th day of the same month. The possession of the cotton by defendant was admitted on the trial.

The burden of 'proof was on the plaintiff to establish his title to the specific cotton. After a careful examination of the evidence, we are of the opinion that he has failed to do this. The circuit court, trying without a jury, reached the right conclusion and rendered proper judgment.

Affirmed.

ANDERSON, C. J., and MAYFIELD and SOMERVILLE, JJ., concur.

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Bluebook (online)

76 So. 928, 200 Ala. 570, 1917 Ala. LEXIS 543, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bowen-v-evans-ala-1917.