47 Alabama opinions name it 2 courts 1880–2026 1 in the last five years
The cases below were cited by Alabama courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Ott v. Foxgreen2 sentences1987Hancock in the additional sum of $20,000." In Ott v. Fox , 362 So.2d 836 (Ala. 1978), a wrongful repossession/commercial unreasonableness case, this Court found that the wrongful repossession claim could also be considered as a conversion claim. 1987Hancock in the additional sum of $20,000." In Ott v. Fox, 362 So.2d 836 (Ala.1978), a wrongful repossession/commercial unreasonableness case, this Court found that the wrongful repossession claim could also be considered as a conversion claim. | 2 | 7 |
Gillis v. Benefit Trust Life Ins. Co.green2 sentences2003Moreover, in Gillis v. Benefit Trust Life Insurance Co. , 601 So.2d 951 , 952 (Ala. 1992), this Court held that conversion did lie for the recovery of money withdrawn by the defendant from the plaintiff's checking account under a preauthorized withdrawal plan to pay the premiums on a specific insurance policy. 1998Co., 601 So.2d 951, 952 (Ala.1992). | 2 | 4 |
Covington v. Exxon Co., U.S.A.green2 sentences2014Covington v. Exxon Co. U.S.A., 551 So.2d 935, 938 (Ala.1989). 1992Covington v. Exxon Co., U.S.A. , 551 So.2d 935 (Ala. 1989). | 2 | 3 |
Ballenger v. Liberty National Life Insurance Companygreen2 sentences2016Co., 271 Ala. 318, 322 , 123 So.2d 166, 169 (1960) (holding that a conversion claim was barred by the rule of repose, and stating that ‘[t]he rule has been applied to various situations but always consistently and unvariably’); see also Moore v. Liberty Nat’l Ins. 2016Co., 271 Ala. 318, 322 , 123 So.2d 166, 169 (1960) (holding that a conversion claim was barred by the rule of repose, and stating that ‘[t]he rule has been applied to various situations but always consistently and unvariably’); see also Moore v. Liberty Nat’l Ins. | 2 | 2 |
Moore v. Liberty National Insurancegreen2 sentences2016Co., 108 F.Supp.2d 1266, 1274-75 (N.D.Ala.2000) (applying Alabama’s rule of repose to bar claims virtually identical to the claims asserted in this case), aff'd, 267 F.3d 1209 (11th Cir.2001). 2002Co., 108 F.Supp.2d 1266, 1274-75 (N.D.Ala.2000) (applying Alabama's rule of repose to bar claims virtually identical to the claims asserted in this case), aff'd, 267 F.3d 1209 (11th Cir.2001). | 2 | 2 |
Mann v. Bank of Tallasseegreen2 sentences2006In so doing, we distinguished Bozeman v. Central Bank of the South, *Page 850 646 So.2d 601 (Ala. 1994); Alabama City Bank of Gadsden v. Vaughn, 413 So.2d 1053 (Ala. 1982); Mann v. Bank of Tallassee, 694 So.2d 1375 (Ala.Civ.App. 1996); and Stillwell v. Columbus Bank Trust, 675 So.2d 433 (Ala.Civ.App. 1995). 2001Smith, in his brief on appeal, argues that the trade-in was converted because Sanderson sold it even though Sanderson knew that Smith had "rejected" the manufactured home because it was not timely delivered. 2 To recover for conversion of the trade-in, Smith would have had to prove that he had "`general or special legal title to the to the [trade-in] at the time of the alleged conversion'" and that Sanderson had "`wrongful[ly] exercise[d] . . . dominion over [the trade-in] in exclusion or defiance of [his] rights.'" Mann v. Bank of Tallassee , 694 So.2d 1375 , 1384-85 (Ala.Civ.App. 1996) (quot | 1 | 2 |
Roberson v. Ammonsgreen2 sentences2003See Roberson v. Ammons, 477 So.2d 957, 962 (Ala.1985). 2003See Roberson v. Ammons , 477 So.2d 957 , 962 (Ala. 1985). | 1 | 2 |
Rush v. Jacksonville State Universitygreen2 sentences2026Cf. Rush v. Jacksonville State Univ., 439 So. 2d 9, 12 (Ala. 1983) ("[T]he opponent [of a motion for a summary judgment] must do more than show that a fact is disputed. 2026Rush, supra. Third, the defendants argue that the circuit court "failed to draw inferences in [their] favor." The defendants' brief, p. 14. | 1 | 1 |
Conner & Johnson v. Allen & Reynoldsgreen1 sentence2014Storage Co. v. Rawls, 240 Ala. 320, 322 , 199 So. 734 (1940) (quoting Conner & Johnson v. Allen & Reynolds, 33 Ala. 515, 517 (1859)). | 1 | 1 |
Johnson v. Northpointe Apartmentsgreen1 sentence2014“Conversion is an intentional tort.” Johnson v. Northpointe Apartments, 744 So.2d 899, 904 (Ala.1999). | 1 | 1 |
Ex Parte State Ex Rel. CMgreen1 sentence2013C.M., 828 So.2d 291, 294 (Ala.2002). | 1 | 1 |
Jones v. Brooksgreen2 sentences2012See also Jones v. Brooks, 184 Ala. 115, 120 , 63 So. 978, 979 (1913) (“After the contestant makes out a case which would cast the burden upon the beneficiary, the beneficiary may overturn the presumption by proof of competent, independent advice and counsel, ‘or by any other evidence which satisfies the judicial conscience that the gift was the voluntary and well-understood act of the testatrix’s mind.’— Scarbrough v. Scarbrough, [ 185 Ala. 468, 478 , 64 So. 105, 109 (1913)].” (emphasis added)). . 2012See also Jones v. Brooks, 184 Ala. 115, 120 , 63 So. 978, 979 (1913) (“After the contestant makes out a case which would cast the burden upon the beneficiary, the beneficiary may overturn the presumption by proof of competent, independent advice and counsel, ‘or by any other evidence which satisfies the judicial conscience that the gift was the voluntary and well-understood act of the testatrix’s mind.’— Scarbrough v. Scarbrough, [ 185 Ala. 468, 478 , 64 So. 105, 109 (1913)].” (emphasis added)). . | 1 | 1 |
Scarbrough v. Scarbroughgreen2 sentences2012See also Jones v. Brooks, 184 Ala. 115, 120 , 63 So. 978, 979 (1913) (“After the contestant makes out a case which would cast the burden upon the beneficiary, the beneficiary may overturn the presumption by proof of competent, independent advice and counsel, ‘or by any other evidence which satisfies the judicial conscience that the gift was the voluntary and well-understood act of the testatrix’s mind.’— Scarbrough v. Scarbrough, [ 185 Ala. 468, 478 , 64 So. 105, 109 (1913)].” (emphasis added)). . 2012See also Jones v. Brooks, 184 Ala. 115, 120 , 63 So. 978, 979 (1913) (“After the contestant makes out a case which would cast the burden upon the beneficiary, the beneficiary may overturn the presumption by proof of competent, independent advice and counsel, ‘or by any other evidence which satisfies the judicial conscience that the gift was the voluntary and well-understood act of the testatrix’s mind.’— Scarbrough v. Scarbrough, [ 185 Ala. 468, 478 , 64 So. 105, 109 (1913)].” (emphasis added)). . | 1 | 1 |
Harper v. Winston Countygreen1 sentence2012He points out — correctly, we note — that Willis’s summary-judgment motion challenged the conversion claim only as to the third class of property. “ ‘The [summary-judgment] movant has the initial burden of making a prima facie showing that there is no genuine issue of material fact; if the movant makes that showing, the burden then shifts to the nonmovant to present substantial evidence of each element of the claim challenged by the movant.’ Harper v. Winston County, 892 So.2d 346, 349 (Ala.2004) (emphasis added). | 1 | 1 |
New Plan Realty Trust v. Morgangreen1 sentence2004See New Plan Realty Trust v. Morgan , 792 So.2d 351 (Ala. 2001) (compensatory-damages award of $100,000 affirmed where landlord converted tenant's property worth $46,679, because the additional amount could be damages attributed to mental anguish). | 1 | 1 |
Craven v. Wrightgreen2 sentences2004See also Craven v. Wright, 114 Or. 692, 693-94 , 236 P. 1043, 1044 (1925) (“Where a check has been given to a person for one purpose and it has been diverted to a purpose different from that from which it was given, an action in trover may be maintained by the maker thereof for the conversion of the money paid thereon.”); Taylor v. Dwyer, 129 Ala. 325 , 29 So. 692 (1901) (citing with approval Farrand v. Hurlbut, 7 Minn. 477 (1862)) (holding that a conversion claim could be brought with respect to $436 placed in the hands of the defendant to be loaned or invested by the defendant in the name of 2004See also Craven v. Wright, 114 Or. 692, 693-94 , 236 P. 1043, 1044 (1925) (“Where a check has been given to a person for one purpose and it has been diverted to a purpose different from that from which it was given, an action in trover may be maintained by the maker thereof for the conversion of the money paid thereon.”); Taylor v. Dwyer, 129 Ala. 325 , 29 So. 692 (1901) (citing with approval Farrand v. Hurlbut, 7 Minn. 477 (1862)) (holding that a conversion claim could be brought with respect to $436 placed in the hands of the defendant to be loaned or invested by the defendant in the name of | 1 | 1 |
| Empiregas, Inc., of Gadsden v. Gearygreen | 1 | 1 |
| HUNTSVILLE GOLF v. Ratcliff, Inc.green | 1 | 1 |
| Ex Parte Andersongreen | 1 | 1 |
| Ellis v. Alcurigreen | 1 | 1 |
| Smith v. Equifax Services, Inc.green | 1 | 1 |
| Ex Parte Overstreetgreen | 1 | 1 |
| Cp & B Enterprises, Inc. v. Mellert.green | 1 | 1 |
| Taylor v. Shoemakergreen | 1 | 1 |
| Boykin v. Magnolia Bay, Inc.green | 1 | 1 |
| Gunite Contracting Co. Inc. v. Mizegreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ellen Gayle Moore v. Liberty National Insurance Co
green
2 sentences2016Co., 108 F.Supp.2d 1266, 1274-75 (N.D.Ala.2000) (applying Alabama’s rule of repose to bar claims virtually identical to the claims asserted in this case), aff'd, 267 F.3d 1209 (11th Cir.2001). 2002Co., 108 F.Supp.2d 1266, 1274-75 (N.D.Ala.2000) (applying Alabama's rule of repose to bar claims virtually identical to the claims asserted in this case), aff'd, 267 F.3d 1209 (11th Cir.2001). | 2 | 2002–2016 |
Stillwell v. Columbus Bank & Trust Co. of Russell County
neutral
2 sentences2006In so doing, we distinguished Bozeman v. Central Bank of the South, *Page 850 646 So.2d 601 (Ala. 1994); Alabama City Bank of Gadsden v. Vaughn, 413 So.2d 1053 (Ala. 1982); Mann v. Bank of Tallassee, 694 So.2d 1375 (Ala.Civ.App. 1996); and Stillwell v. Columbus Bank Trust, 675 So.2d 433 (Ala.Civ.App. 1995). 2005Finally, in Stillwell v. Columbus Bank Trust , Larry Stillwell and his mother, Mary Stillwell, opened two accounts in which they deposited Mary's life savings; one account was an interest-paying money-market account and the other account was a certificate of deposit. 675 So.2d at 433 . | 2 | 2005–2006 |
Greene County Bd. of Educ. v. Bailey
green
2 sentences2003The funds taken by Land were `specific money capable of identification,' see Greene County Bd. of Education [ v. Bailey , 586 So.2d 893 (Ala. 1991)], and, as such, could be the subject of a conversion claim." 657 So.2d at 823-24 . 1995The funds taken by Land were "specific money capable of identification," see Greene County Bd. of Education, supra, and, as such, could be the subject of a conversion claim. | 2 | 1995–2003 |
City Car Sales, Inc. v. McAlpin
green
2 sentences2003See Huntsville Golf, supra, 646 So.2d at 1336 (property could not be subject to a conversion claim because the property belonged to the defendant under an assignment); American Nat'l Bank & Trust Co. of Mobile v. Robertson, 384 So.2d 1122 (Ala.Civ.App. 1980) (when the plaintiff defaulted on a loan, title and right of possession to vehicle on which creditor had security interest passed to the defendant-creditor); Pierce v. Ford Motor Credit Co., 373 So.2d 1113 (Ala.Civ.App.1979); City Car Sales, Inc. v. McAlpin, 380 So.2d 865 (Ala.Civ.App.1979) (defendant insurance company had superior title to 2003See Huntsville Golf , supra, 646 So.2d at 1336 (property could not be subject to a conversion claim because the property belonged to the defendant under an assignment); American Nat'l Bank Trust Co. of Mobile v. Robertson , 384 So.2d 1122 (Ala.Civ.App. 1980) (when the plaintiff defaulted on a loan, title and right of possession to vehicle on which creditor had security interest passed to the defendant-creditor); Pierce v. Ford Motor Credit Co. , 373 So.2d 1113 (Ala.Civ.App. 1979); City Car Sales, Inc. v. McAlpin , 380 So.2d 865 (Ala.Civ.App. 1979) (defendant insurance company had superior titl | 2 | 1997–2003 |
Allen v. Watts
neutral
2 sentences1942In the case of Allen v. Watts, Ex’r, 98 Ala. 384 , 11 So. 646 , 649, it is said: “Our conclusion from the authorities, and from a consideration of the reasons which support the equitable doctrine of conversion, is that that interest or estate in the land which the will requires absolutely and without contingency shall be sold and converted into money, which is to be paid to certain beneficiaries, is, for the purposes of that provision, to be considered as money from the date of the testator’s death. 1929That is, *324 where a will directs the land be sold and converted' into money, under the doctrine of conversion, the land is treated as money from the death of testator (Allen v. Watts, Ex’r, 98 Ala. 384 , 11 So. 646 ); and a direction for the postponement of the sale, until the happening of a future event, does not prevent the operation of the principle (High v. Worley, 33 Ala. 196 ). | 2 | 1929–1942 |
Clardy v. Capital City Asphalt Co.
green
1 sentence2014The former wife’s conversion claim alleged, among other things, that the former husband had converted the equity account. “‘[A] conversion is said to consist “ ‘either in the appropriation of the thing to the party’s own use and beneficial enjoyment, or its destruction, or in exercising of dominion over it, in exclusion or defiance of the plaintiff s right, or in withholding the possession from the plaintiff, under a claim of title .inconsistent with his own.’” Clardy v. Capital City Asphalt Co., 477 So.2d 350 (Ala.1985), citing Geneva Gin &. | 1 | 2014–2014 |
Geneva Gin & Storage Co. v. Rawls
green
2 sentences2014Storage Co. v. Rawls, 240 Ala. 320, 322 , 199 So. 734 (1940) (quoting Conner & Johnson v. Allen & Reynolds, 33 Ala. 515, 517 (1859)). 2014Storage Co. v. Rawls, 240 Ala. 320, 322 , 199 So. 734 (1940) (quoting Conner & Johnson v. Allen & Reynolds, 33 Ala. 515, 517 (1859)). | 1 | 2014–2014 |
Smith v. Cahill
green
1 sentence2014In Smith II, we affirmed the judgment of the trial court as to the fraudulent-suppression claim; reversed the judgment of the trial'court as to the equity-account claim, the good-will claim, and the conversion claim; and’remanded the cause with instructions for the trial court to determine, based upon the evidence already presented, the amount the former wife was entitled to recover on the equity-account claim, the good-will claim, and the conversion claim and to enter a judgment awarding the former wife that amount. 141 So.3d at 1056 . | 1 | 2014–2014 |
Alabama City Bank of Gadsden v. Vaughn
green
1 sentence2006In so doing, we distinguished Bozeman v. Central Bank of the South, *Page 850 646 So.2d 601 (Ala. 1994); Alabama City Bank of Gadsden v. Vaughn, 413 So.2d 1053 (Ala. 1982); Mann v. Bank of Tallassee, 694 So.2d 1375 (Ala.Civ.App. 1996); and Stillwell v. Columbus Bank Trust, 675 So.2d 433 (Ala.Civ.App. 1995). | 1 | 2006–2006 |
Bozeman v. Central Bank of the South
green
1 sentence2006In so doing, we distinguished Bozeman v. Central Bank of the South, *Page 850 646 So.2d 601 (Ala. 1994); Alabama City Bank of Gadsden v. Vaughn, 413 So.2d 1053 (Ala. 1982); Mann v. Bank of Tallassee, 694 So.2d 1375 (Ala.Civ.App. 1996); and Stillwell v. Columbus Bank Trust, 675 So.2d 433 (Ala.Civ.App. 1995). | 1 | 2006–2006 |
Stapleton v. First Security Bank
green
1 sentence2005Stapleton v. First Security Bank, 675 P.2d 83 (1983). | 1 | 2005–2005 |
Great American Insurance Companies v. American State Bank of Dickinson
green
1 sentence2005After analyzing "the full range of potential theories of liability and parties available" under the UCC ( 385 N.W.2d at 464 ), the Great American court held that the depositary bank's liability on the insurer's conversion claim was limited by § 4-207(4) even though that statute's liability limitation applied to warranty actions; it analyzed the effect of § 4-207(4) as follows: *Page 37 "The objective of the U.C.C. statutory scheme for check collections, and particularly the warranty provisions, is to place the loss on the wrongdoer, or because the wrongdoer is usually unavailable or unable to | 1 | 2005–2005 |
Riscorp, Inc. v. Norman
green
1 sentence2005Generally, an action for conversion of money will not lie unless the *Page 940 money is specific and capable of identification. '" Riscorp, Inc. v. Norman , 915 So.2d 1142 , 1152 (Ala. 2005) (quoting Crown Life Ins. | 1 | 2005–2005 |
| Taylor v. Dwyer neutral | 1 | 2004–2004 |
McGlothlin v. First Alabama Bank
green
2 sentences2004In McGlothlin v. First Alabama Bank , 599 So.2d 1137 (Ala. 1992), the attorney who had represented mortgagors in a foreclosure sale sought to intervene in a suit brought by the junior mortgagee against the mortgagors and the senior mortgagee. 2004In McGlothlin v. First Alabama Bank, 599 So.2d 1137 (Ala.1992), the attorney who had represented mortgagors in a foreclosure sale sought to intervene in a suit brought by the junior mortgagee against the mortgagors and the senior mortgagee. | 1 | 2004–2004 |
| Rudolph v. First Southern Federal Sav. & Loan Ass'n green | 1 | 2004–2004 |
| Farrand v. Hurlbut neutral | 1 | 2004–2004 |
| Crown Life Ins. Co. v. Smith green | 1 | 2003–2003 |
| Progressive Finance Company v. Milner neutral | 1 | 2003–2003 |
| Mary J. Thompson v. Ford Motor Credit Company, a Corporation green | 1 | 2003–2003 |
| Brown v. Campbell green | 1 | 2003–2003 |
| Pierce v. Ford Motor Credit Co. green | 1 | 2003–2003 |
| Fontenot v. Bramlett green | 1 | 2003–2003 |
| Treadwell Ford, Inc. v. Wallace green | 1 | 2003–2003 |
| American Nat. Bank & Trust Co. v. Robertson green | 1 | 2003–2003 |
| Arledge v. J. D. Pittman Tractor Co. green | 1 | 2003–2003 |
| Ligon Furniture Co. v. OM HUGHES INS. green | 1 | 2002–2002 |
| Kansas City, Memphis & Birmingham Railroad v. Wagand green | 1 | 2002–2002 |
| Lapeyrouse Grain Corp. v. Tallant green | 1 | 2002–2002 |
| American Standard Life Ins. Co. v. Johnson neutral | 1 | 2002–2002 |
| Worth v. Universal Pictures, Inc. green | 1 | 2000–2000 |
| Casassa v. Liberty Life Insurance green | 1 | 1999–1999 |
| Johnson v. U-Haul of Southern Alabama, Inc. green | 1 | 1997–1997 |
| Turner v. Liberty National Fire Insurance Co. neutral | 1 | 1997–1997 |
| Willingham v. United Ins. Co. of America green | 1 | 1994–1994 |
| Tyler v. Equitable Life Assur. Soc. of U.S. green | 1 | 1993–1993 |
| Lewis v. Fowler green | 1 | 1990–1990 |
| Raley v. Royal Ins. Co. Ltd. green | 1 | 1988–1988 |
| New Ulm State Bank v. Brown green | 1 | 1986–1986 |
| Bennett v. United Auto Parts, Inc. green | 1 | 1985–1985 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.