Ala. Code
Code of Alabama

Ala. Code § 6-5-260 (2026)

Deprivation of Owner of Possession.

✓ official Alabama Legislature (ALISON) text, current July 2026
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The owner of personalty is entitled to possession thereof. Any unlawful deprivation of or interference with such possession is a tort for which an action lies.

(Code 1907, §2461; Code 1923, §5667; Code 1940, T. 7, §91.)

Notes of Decisions
Cited in 20 cases (5 in the last 5 years), 1979–2025 · leading case: Lightfoot v. Floyd, 667 So. 2d 56 (Ala. 1995).
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Lightfoot v. Floyd, 667 So. 2d 56 (Ala. 1995). · cites it 2× “" Ala.Code 1975, § 6-5-260. Mr. Lightfoot alleged in his complaint that the "seizure and retention of his personal property unlawfully interfered with his possession of, and deprived him of the same.”
Nat'l Sur. Corp. v. Applied Sys., Inc., 418 So. 2d 847 (Ala. 1982). · cites it 2× “He developed the programs for Applied Systems, which facilitated the development of the programs and provided financial backing. Applied Systems had a definite property interest in the programs and that interest should be protected.”
Goodwin v. City of Fultondale, 706 So. 2d 766 (Ala. Civ. App. 1997). · cites it 2× “' Ala.Code 1975, § 6-5-260." Lightfoot v. Floyd, 667 So.”
Weatherspoon v. Tillery Body Shop, Inc., 44 So. 3d 447 (Ala. 2010). · cites it 2× “In her complaint, Weatherspoon stated claims of negligence and wantonness; de-pravation of possession of the Blazer under § 6-5-260, Ala.Code 1975; recovery of chattel in specie; conversion; negligent and wanton supervision; and fraudulent suppression.”
O'Ferrell v. United States, 968 F. Supp. 1519 (M.D. Ala. 1997). · cites it 2× “See also Ala.Code 1975, § 6-5-260 ("The owner of personalty is entitled to possession thereof.”
Quinlan v. Jones, 922 So. 2d 899 (Ala. Civ. App. 2004). · cites it 2× “[1] Quinlan also alleged that Jones had wrongfully deprived him of his personal property on November 25, 2002, and on December 30, 2002; that claim was apparently brought pursuant to § 6-5-260, Ala.Code 1975. [2] Quinlan sought $3,000 in compensatory *903 damages, $50,000 in…”
Roddy v. City of Huntsville, 947 F. Supp. 2d 1271 (N.D. Ala. 2013). · cites it 6× “Conversion Alabama Code § 6-5-260 provides a cause of action in tort for conversion.”
United States Ex Rel. Berge v. Bd. of Trs. of the Univ. of Alabama, 104 F.3d 1453 (4th Cir. 1997). “*1463 Ala.Code § 6-5-260. Whether federal copyright law preempts a state law claim is a question of law that we review de novo.”
Browning v. City of Wedowee, 883 F. Supp. 618 (M.D. Ala. 1995). · cites it 2× “Ala.Code § 6-5-260 (1975). Moreover, an aggrieved person may file a claim with the state Board of Adjustment to recover damages to property caused by the state of Alabama or any of its agencies.”
Ex Parte Compass Bank, 1100870 (Ala. 8-5-2011), 77 So. 3d 578 (Ala. 2011). “On February 11, 2011, the same day Sirote filed his notice of appeal, Sirote filed a complaint in the Madison Circuit Court against BBVA Compass, Hovis, and Williams, alleging breach of contract, breach of fiduciary duty, fraudulent concealment, accounting for bonds, deprivation…”
William M. Roddy v. City of Huntsville, Alabama, 580 F. App'x 844 (11th Cir. 2014). “And when asked how much total money the officers took, Mrs. Roddy responded, “I don’t know.”
Eller v. Stone (S.D. Ala. 2017). · cites it 4× “2008) (unpublished) (finding that Alabama’s conversion statute, Alabama Code § 6-5-260 (1975), is an adequate post-deprivation remedy); Browning v.”
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