Mobley v. Bilberry

Citations

• 17 Ala. 428

Syllabus

<p>1. The declaration of a vendor, who retains possession of the chattel after the sale, that lie is the owner of it, is explanatory of his possession and admissible in evidence as a part of the res °csla. '</p> <p>2!. Where on a trial of the right of. property the plaintiff introduces evidence to show that a horse, which the claimant, pretended to have given to the defendant in exe-ution for the chattel levied bn, was retained in tho possession of and offered'for sale by the claimant after the alleged contract, it is competent for the claimant to rebut it by proof that the' defendant bad no stable,-that the horse was fed with his corn, and that the offer to sell was with his authority.</p>