Downs v. Bailey
Supreme Court of Alabama
Appeal from tbe Circuit Court of Montgomery. Tried before tbe Hon. J. C. Bichabdson. i Tbis was an action of detinue brought by tbe appellee,-May Bailey, against tbe appellant, Kate DoAvns, to recover possession of one trunk and its contents, together with the value of the use thereof during detention, and was commenced in a justice of the peace court.
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Appeal from tbe Circuit Court of Montgomery. Tried before tbe Hon. J. C. Bichabdson. i Tbis was an action of detinue brought by tbe appellee,-May Bailey, against tbe appellant, Kate DoAvns, to recover possession of one trunk and its contents, together with the value of the use thereof during detention, and was commenced in a justice of the peace court. In the court of the justice of the peace, judgment was rendered for the plaintiff for the property sued for, and assessed the. alternate value of the several articles, making in the aggregate $83.50. From this judgment an appeal was taken to…
1Opinion of the CourtTyson, J.
Action of detinue. It is true the plea of 'non- detin at put in issue the fact of possession by defendant of the property sued for at the date suit was brought, and imposed upon the plaintiff the burden of establishing that fact.—Berlin Machine Works v. Ala. City Furniture Co., 112 Ala. 848. The evidence showed, without conflict, that the property sued for was in the possession of the defendant three days before the suit was commenced. “Possession is a fact ordinarily continuous in its nature; and when once established by proof, it must be presumed to continue until a different presumption is…
2Cases cited4 opinions
- Townsend v. BrooksSupreme Court of Alabama · 1884
- Haynes v. CrutchfieldSupreme Court of Alabama · 1844
- Clements v. HaysSupreme Court of Alabama · 1884
- Pruitt v. StuartSupreme Court of Alabama · 1843
3Cited by6 opinions
- Gwin v. Emerald Co.Supreme Court of Alabama · 1918
- Western Union Telegraph Co. v. NorthSupreme Court of Alabama · 1912
- Hammond Bros. & Co. v. LuskSupreme Court of Alabama · 1907
- Wells v. ParkerSupreme Court of Alabama · 1917
- Seymour v. SweetSupreme Court of Alabama · 1934
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