POWELL v. KING

7 Div. 412.

96 So.2d 196 (1957)

Alton POWELL v. Edith KING.

Court of Appeals of Alabama.

June 18, 1957.


Attorney(s) appearing for the Case

W. M. Beck, Fort Payne, for appellant

C. M. T. Sawyer, II, and Leonard Crawford, Fort Payne, for appellee.


CATES, Judge.

This is an appeal from a judgment for the plaintiff, Mrs. King, in a detinue action to recover some household furniture which Powell claimed by virtue of a purported mortgage thereof to him from the plaintiff's husband.

At the instance of the plaintiff, the jury was given the following charge:

"I charge you gentlemen of the jury that if you are reasonably satisfied that any of defendant's witnesses testified falsely to a material fact...

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