72 So. 403 | Ala. | 1916
This is an action of detinue to recover an old, worn-out mower, estimated to be worth from $35 to $50. The suit, during the last four years, has been in and through the justice court, the circuit court, and the Court of Appeals, and has at last reached this court; and we are now asked to pass upon every question of fact and of law which the ingenuity of counsel could raise in the justice or in the circuit court. But for the fact that the witnesses are not before us, the trial is as much de novo here, as it was in the circuit court. There never has been involved any intricate or doubtful question of law, upon which the rights of the litigants depend. These rights depend solely upon a petty disputed question of fact on which the parties have personal feelings. The right and title to the mower depends upon the question whether or not appellant purchased it from Mrs. Annie Atkins, a widow, in part payment of a debt evidenced by mortgage which her deceased husband owed appellant. Appellant contends that she did make an absolute sale of the mower, warranting the title thereto, and that upon the strength of the sale, and of the sale and delivery to him of certain other articles, he canceled the debt of $794.65, which the husband had owed him, and surrendered and delivered to Mrs. Atkins the mortgage in question, which covered the property conveyed, except the mower and rake in suit. Appellee claims that he purchased the property in question from Mrs. Atkins for $35, and that she delivered the same to him. The alleged sale to appellant, however, antedated the one claimed to have been made' to appellee; and, if made as claimed by appellant, he had the title and the right to possession and should have recovered. If, however, there was no sale by Mrs. Atkins to appellant, then appellant properly failed in his suit. Mrs. Atkins and other witnesses for appellee testified that there was no absolute sale to appellant as and when, he claims the sale was made. The witnesses who claim to have heard the conversations between appellant and Mrs. Atkins say that the arrangement was not an absolute sale, büt only an agreement to sell
We have carefully examined each objection and exception, • and it is useless to write as to each. We feel sure there was no error in any of these rulings complained of.
We'find no error, and the judgment must be affirmed.
Affirmed.