Supreme Court of Alabama, 1917

Bowen v. Evans

Bowen v. Evans
Supreme Court of Alabama · Decided November 15, 1917 · Thomas, Anderson, Mayfield, Somerville
76 So. 928; 200 Ala. 570; 1917 Ala. LEXIS 543 (Southern Reporter)

Bowen v. Evans

Opinion of the Court

THOMAS, J.

The question presented is one of fact. Appellant brought an action of detinue against appellee to recover one bale of cotton. Appellant claimed title to the cotton under a mortgage by one Evans to appellant, executed on the 2d day of Januáry, 1915, and recorded on the 5th day of the same month. The possession of the cotton by defendant was admitted on the trial.

The burden of 'proof was on the plaintiff to establish his title to the specific cotton. After a careful examination of the evidence, we are of the opinion that he has failed to do this. The circuit court, trying without a jury, reached the right conclusion and rendered proper judgment.

Affirmed.

ANDERSON, C. J., and MAYFIELD and SOMERVILLE, JJ., concur.

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