T. F. Mcneil v. Lemuel Williams

WHITFIELD, C. J. -- The plaintiff in error brought replevin in the Court of Record for EScambia County for the recovery of 31 cows and one bull, and the plaintiff received possession under the writ as provided by the statute.pleas of not guilty and tha t the cows were not the property of the plaintiff, but were the property of the defendant, were filed. It appears that Lemuel Williams sold the cattle to C.D. Head, and Head sol them to T. F. McNeil befor they were fully paid for. Williams got possession of the cattle and T. F. McNeil recovered them under a writ of replevin. At the trial counsel for the defendant ""stated to the Court and in the presence of the jury that the defendants would not claim in this suit any of the cows taken under the writ of replevin herein,"" except ten named cows ""as to which cows defendant would claim a verdict in this suit."" There is testimony that the ten cows claimed by the defendant Williams belonged to his wife and that she did not give her consent or know of the sale of the ten cows by her husband until some time after the sale. There is also some testimony that Mrs. Williams knew of the sale of the cattle and made no objection thereto, but after the sale talked to the purchaser about his purchase of the cows.