Patterson v. Kicker
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. James E. Cobb. This action was brought by Mrs. Elizabeth Patterson, against J. A. Kicker, to recover a mule named Gray, with damages for its detention; and was commenced on March 20th, 1882. On the trial, in consequence of adverse rulings of the court on the evidence, the plaintiff took a nonsuit, with a bill of exceptions, in which the facts are thus stated: “ The plaintiff introduced as a witness her…
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. James E. Cobb. This action was brought by Mrs. Elizabeth Patterson, against J. A. Kicker, to recover a mule named Gray, with damages for its detention; and was commenced on March 20th, 1882. On the trial, in consequence of adverse rulings of the court on the evidence, the plaintiff took a nonsuit, with a bill of exceptions, in which the facts are thus stated: “ The plaintiff introduced as a witness her husband, J. Patterson, who testified that, at the time of their marriage, which occurred since 1852, plaintiff was possessed…
1Opinion of the Court
SOMEBY1LLE, J.
The legal principle is one of common learning, that possession of personal property is prima facie evidence of title, or ownership.—2 Whart. Ev. § 1331; Sparks v. Rawls, 17 Ala. 211; 1 Brick. Dig. 806, § 37. There is no-reason why the title of the wife, to property owned by her, can not be proved in the same manner, as that owned by one sui juris. It is well settled, that the possession by the husband, of property belonging to the wife’s statutory separate estate, is referable to his representative capacity as trustee. The fact of a joint possession, therefore, can not…
2Cases cited5 opinions
- Short v. BattleSupreme Court of Alabama · 1875
- Brunson v. BrooksSupreme Court of Alabama · 1880
- Gwynn v. Hamilton's Adm'rSupreme Court of Alabama · 1856
- Smith v. McGuireSupreme Court of Alabama · 1880
- Sparks v. RawlsSupreme Court of Alabama · 1850
3Cited by16 opinions
- Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1883
- Steed v. KnowlesSupreme Court of Alabama · 1885
- Ricketts v. Birmingham Street Railway Co.Supreme Court of Alabama · 1888
- Wortham v. GurleySupreme Court of Alabama · 1883
- Loeb v. McCulloughSupreme Court of Alabama · 1885
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