Reports of Cases Argued And Determined in the Supreme Court of ..., volume 197
Reports of Cases Argued And Determined in the Supreme Court of ..., volume 197
Alabama Supreme Court
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Defendant's act in warning plaintiff and his family not to come upon the premises, where the cotton in dispute was then unpicked in the field, might have required a submission of the issues as to defendant's alleged conversion as against his cotenant, but for the undisputed fact that subsequently plaintiff and his family went upon the place with defendant's consent, picked the cotton, and stored it in the house where they had lived as tenants under defendant. What defendant afterwards did was t...o carry the cot- ton to the gin and leave it, with instructions that it was to be ginned and held until he and plaintiff had a settlement. From this evidence the jury should not have been allowed to draw the inference that defendant, as against his cotenant, the plaintiff, had converted the cotton. Defendant's possession was the pos- session of both himself and plaintiff, and he could not be held to answer in trover unless he had so disposed of the cotton as to exclude and destroy the right of his cotenant.
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