33 Ala. 515 | Ala. | 1859
Trover is one of the actions, the boundaries of which are distinctly marked and carefully preserved by the Code. A conversion is now, as it has ever been, the gist of that action, (Harris v. Hilman, 26 Ala. 380;) aod withoufipfborpf it, the plaintiff cannot recoven, whatever else he may prove, or whatever maybe his right, of recovery in another form of action.
“ Whoever undertakes tortiously to deal with the property of another as his own, or tortiously detains it from the owner, is, in contemplation of law, guilty of a conversion.” Watt v. Potter, 2 Mason’s P. 77. “A conversion, in tba. ■sense of the law of trover, consists either in the appro
The charge of the court below is in conflict with the law, as above declared, and is erroneous. For the error in the charge, the judgment is reversed, and the cause remanded.