121 Ala. 94 | Ala. | 1898
— Trover for the conversion of personal property.
1. Under repeated decisions of this court, it is held, that when the vendor of personal property expressly retains the legal title until the purchase money therefor is paid, no title passes to the purchaser by delivery of possession, and a purchaser from him cannot defeat a recovery of such property by the original vendor, even though he shows he was a bona fide purchaser from the vendee for value and without notice.-Warren v. Liddell, 110 Ala. 232; Thomason v. Lewis, 103 Ala. 426; Montgomery I. Works v. Smith, 98 Ala. 644.
2. The notes on their face show, that the property for the sale of Avhich they Avere given, Avas not the individual property of E. M. Lewis, but that he Avas the mere manager for the person to Avhom it did belong. As manager he sold it, and to him as such, the notes were made payable. It is not denied and cannot be, for the evidence is Avithout conflict as to the fact, that Mrs. C. E. Lewis, the appellee and plaintiff below, Avas the owner of said property and that E. M. LeAvis, lier husband, as manager for her, sold it to the defendant, the Ensley Lumber Co., and took said purchase money notes therefor. It also shows, that she remained its owner to the time of the trial, and did nothing under the laAvs of this State, so far as appears, to divest herself of the title. It was shown that the notes, at one time, were indorsed by the plaintiff to the Bank of Anniston, as collateral to secure a loan by the bank to plaintiff, Avliicli notes were retained by said bank until October or November, 1897, AArhen having paid the loan, the notes Avere returned to plaintiff by the bank' before this suit Avas instituted.
3. On the 15th July, 1896, the Ensley Lumber Co. executed to defendant, W. C. Shackleford, the mortgage in evidence of that date for the considerations therein expressed. The machinery was at the time of the execu- ' tion of the mortgage, in Georgia, in the possession of the sheriff, levied on by attaching creditors as the property of the Ensley Lumber Co. By agreement between that company and Shackleford he went to Georgia and paid off and procured the discharge of the attachments, and the machinery was delivered into his possession and control, and he continued in the possession, control and use of the same, through his agent until this suit was brought. After taking possession he was - notified by plaintiff through her agent, that the title to the property was in. her, and her notes for it were unpaid, and requested payment of them, and he refused to pay and asserted his right to the property as superior to hers. At the time the property was conditionally sold by plaintiff to the Ensley Lumber Company, and the notes of that company to the plaintiff, in which the title to the property was reserved, were executed, and at the time said mortgage was executed on the property by the company to said Shackleford, all of them were residents of this State, and said contract was entered into in reference to the laAvs of Alabama. It is a well settled principle, upheld in all courts, that the law of the place of the contract, in the absence of stipulations to the contrary, must govern as to its validity, interpretation and construction ; and as a general rule, when a contract is valid and binding, by the lex loci contractus, it is valid and binding everywhere.—Jones v. Jones, 18 Ala. 248; Evans v. Kittrell, 33 Ala. 449; Cowles v. Townsend, 37 Ala. 77. It'niay be :that a conditional sale of personal 'property
4. There is nothing in the suggestion that this suit cannot be maintained for that as alleged, no demand was made for the property before it was brought. The proof tended to show an unauthorized disposition of the property by the defendants, the Lumber Company and Shackleford, and when such is the case, no demand, if not made, was necessary.—Haas v. Taylor, 80 Ala. 466; Brown v. Beason, 24 Ala. 466.
5. Nor is there merit in the contention, that plaintiff had no right to maintain his suit against defendants, because they were not joint tort feasors. The rule is, that when one commits a wrongful act, co-operating with other defendants, who had notice of plaintiff’s rights, a joint action for the wrongful act may be maintained
Here, as stated, the proofs tend- to show a joint conversion of the property by defendants. The- court below, trying the case without a jury,- found the issues in favor of the plaintiff and rendered judgment against defendants, who appeal. We have been unable to discover that its judgment on1 the law and facts was not correct.
Affirmed.