The opinion of the Court of Appeals, 2 So.2d 787, approves in general terms the contention of appellant that “under the well-recognized doctrine that title to money obtained by theft or fraud passes by mere delivery.” [Italics supplied.]

This contention seems to be in conflict with Allen v. M. Mendelsohn & Son, 207 Ala. 527, (528), 93 So. 416, 31 A.L.R. 1063, which holds that a thief gets no title through his theft. However, the case presented is not a case of theft, and on the facts stated the question of good faith on the part of the defendant was for the jury.

Writ denied. Judgment affirmed.