Supreme Court of Alabama June 20, 1929, 3 Div. 900. (Gaston v. McDonald)

THOMAS, J.

The question of possession, and that of title to the personal property under the contract of sale, and that of modification of the original contract, were 'material facts for the determination of the jury. Sovereign Camp W. O. W. v. Hoomes, 219 Ala. 560, 122 So. 686.

Under proper issues and conditions of the evidence, a witness should be permitted

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to testify of possession. Steed v.