Kyle v. Swem
Supreme Court of Alabama
Appeal from the Circuit Court of J efferson. Tried before the Hon. James B. Head. This was a statutory action of detinue, brought by the appellant, J. C. Kyle, against the appellee, J. C. Swem, on December 9, 1889, to recover certain personal property, alleged to be in the possession of the defendant.
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Appeal from the Circuit Court of J efferson. Tried before the Hon. James B. Head. This was a statutory action of detinue, brought by the appellant, J. C. Kyle, against the appellee, J. C. Swem, on December 9, 1889, to recover certain personal property, alleged to be in the possession of the defendant. By special plea the defendant set up as' a defense the facts shown in the opinion To this plea the plaintiff demurred, on the grounds: 1st. That by said special plea the defendant seeks to set up a superior title under a third person, which title was created by the act of the defendant himself.…
1Opinion of the CourtHaralson, J.
The facts in this case, as set out in the bill of exceptions, are stated to be without any conflict.
The defendant, Swem, leased a house in Birmingham, with store below and rooms above, for the term of one year, from the 4th of September, 1888, from W. 0: Denson, the agent and husband of Mrs. Ettie W. Denson, who was the owner of the house and premises, and of the rent due under the lease ; and defendant, under the lease, went into the immediate possession and occupancy of the lease-hold, and carried with him and placed in the store and rooms the personal property the subject of this suit.…
2Cases cited7 opinions
- McArthur v. Carrie's Adm'rSupreme Court of Alabama · 1858
- Abraham v. NicrosiSupreme Court of Alabama · 1888
- Cordaman v. MaloneSupreme Court of Alabama · 1879
- Walker v. FennerSupreme Court of Alabama · 1852
- Scarborough v. MaloneSupreme Court of Alabama · 1880
2 more not listed; retrieve them via the Exa API.
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