55 So. 116 | Ala. | 1911
The plaintiff had the legal title to the bale of cotton, under his mortgage, if grown by the mortgagor, which the weight of evidence tended to establish. It is true that Mrs. Nickles, the landlord, had a lien on the cotton paramount to the mortgage, and if she was sued by the mortgagee she could defeat a recovery in trover by showing a rightful possesion, actual or constructive, of the cotton, under her said lien; and so could the defendant defeat a recovery by connecting itself with Mrs: Nickles.
Nor would the fact that Abraham sent the proceeds to the landlord defeat the plaintiff’s right to recover, unless she.had previously acquired the possession of the property, actual or constructive, and it was turned over to some one under authority from her.—Keith v. Ham, 89 Ala. 590, 7 South, 234; Belser v. Youngblood, 103 Ala. 545, 15 South. 863. These questions being ones within the province of the jury, we cannot say that the verdict was contrary to the law or the evidence, and thus put the trial court in error for refusing a new trial.
The judgment of the city court is affirmed.
Affirmed.