(1, 2) The uncontroverted evidence shows that the wagon in controversy was the property of the plaintiff, that she did not sign the mortgage held by the defendant, and that, he acquired no title or interest in the wagon through said mortgage. The mere fact that Ben Thomas, the husband of the plaintiff, used the wagon, would not impair plaintiff’s title, or *420 afford an inference that Ben owned the wagon. In such a case, the possession will be referred to the title. — Rollins v. State, 98 Ala. 79, 13 South. 2820.

The plaintiff’s motion for new trial should have been granted; and for the error committed by the court in refusing a new trial, the judgment of the city court is reversed. — Cobb v. Malone, 92 Ala. 630, 9 South. 738.

(3) That portion of the argument of defendant’s counsel excepted to was highly improper, and should have been excluded.

Reversed and remanded.