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ATCHLEY v. WOOD

8 Div. 905.

51 So.2d 703 (1950)

ATCHLEY v. WOOD.

Court of Appeals of Alabama.

Rehearing Denied June 27, 1950.

Reversed on Mandate March 27, 1951.

Attorney(s) appearing for the Case

Marion F. Lusk, of Guntersville, for appellant.

Starnes & Starnes, of Guntersville, for appellee.

CARR, Judge.

Owen Atchley sued Ike Wood in one count of a complaint for the conversion of three bales of cotton. The time of the conversion is alleged: "on or about November 1, 1948."

The court gave the general affirmative charge for the defendant.

The evidence fails to establish the time it is claimed the cotton was converted by the defendant.

Many authorities hold that in an action of trover and conversion it is necessary and essential to...

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