35 Ala. 725 | Ala. | 1860
We understand the charge of the court in this ease to be predicated upon the idea, that the lender of a chattel cannot maintain trespass for the taking and carrying it away while in the possession of his bailee. The law unquestionably is, that when a chattel is loaned, the bailor having a right to resume possession at any time, and having the general property in the thing loaned, which draws to it .the constructive
Nonsuit set aside, judgment reversed, and cause remanded.