Caldwell v. Alma Gin & Milling Co.

Hill, J. (After stating the foregoing facts.) The petition is not so carefully drawn as to meet the niceties of pleadings. We are of the opinion, however, that it sufficiently set forth a cause of action to withstand a motion to dismiss. The Civil Code (1910), § 4481, declares that "The owner of personalty is entitled to the possession thereof. Any deprivation of such possession is a tort for which an action lies.” We think there are sufficient allegations in the petition to indicate the plaintiff’s ownership of the personalty involved, a conversion of the personalty by the defendants and a deprivation of the plaintiff’s right of possession, and consequent damage to the plaintiff. Judgment reversed. Jenkins, P. J., and Stephens, J., concur.