# Thomas v. Posey

> Alabama Court of Appeals · December 19, 1916 · 15 Ala. App. 419

URL: https://www.frixlaw.com/law-library/cases/3221028

## Case

- **Full name:** Thomas v. Posey Detinue.
- **Court:** Alabama Court of Appeals
- **Decided:** December 19, 1916
- **Citations:** 15 Ala. App. 419; 73 So. 747; 1916 Ala. App. LEXIS 212
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Brown
- **Judges:** Brown
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3221028

## Opinion text

BROWN, J.
(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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3221028. Public record. Not legal advice.