Harper v. Rudd
Supreme Court of Alabama
Appeal from the Circuit Court of Coffee. Tried before the Hon. Jesse M. Carmichael. This action was brought by Mrs. Leonora Rudd, the wife of W. E. Rudd, against S. B. Harper, to recover damages for the alleged tortious taking of a mule, several head of cattle, hogs, &c.; and was commenced on the 12th December, 1889. The defendant claimed the mule under a mortgage executed to him by said W. E. Rudd on the 21st December, 1885, and another mortgage dated April 9th, 1887; and…
Read the full summary
Appeal from the Circuit Court of Coffee. Tried before the Hon. Jesse M. Carmichael. This action was brought by Mrs. Leonora Rudd, the wife of W. E. Rudd, against S. B. Harper, to recover damages for the alleged tortious taking of a mule, several head of cattle, hogs, &c.; and was commenced on the 12th December, 1889. The defendant claimed the mule under a mortgage executed to him by said W. E. Rudd on the 21st December, 1885, and another mortgage dated April 9th, 1887; and he had taken possession under a writ in detinue against said W. E. Rudd, after giving statutory bond. Under the rulings…
1Opinion of the CourtMcCLELLAN, J.
This is an action in trespass prosecuted by a married woman, for the wrongful taking of certain chattels — and, among other things, a mule — which are alleged to have belonged to the corpus of her statutory separate estate. The assignments of error involve only questions relating to the said mule. It seems that the plaintiff, a good many years ago, owned a horse. Commencing with this horse, her husband made from time to time as many as five exchanges, in the last of which, from nine to twelve years since, he received this mule. In none of these transactions was any paper evidence of title…
2Cases cited9 opinions
- Scruggs v. Decatur Mineral & Land Co.Supreme Court of Alabama · 1888
- People v. GrayCalifornia Supreme Court · 1882
- Meyer Bros. v. CookSupreme Court of Alabama · 1888
- Mauldin v. CoxCalifornia Supreme Court · 1885
- Pollak & Co. v. GravesSupreme Court of Alabama · 1882
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Wells v. American Mortgage Co. of Scotland, Ltd.Supreme Court of Alabama · 1895
- Chancellor v. TeelSupreme Court of Alabama · 1904
- Cox v. BoyettSupreme Court of Alabama · 1896