Brown v. Beason
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. Tiied before the Hon. Thomas A. Walker. Trover by Susannah Beason against Calvin Brown, for a mule which was shown to have belonged to the plaintiff’s husband at the time of his death.
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Appeal from the Circuit Court of Marshall. Tiied before the Hon. Thomas A. Walker. Trover by Susannah Beason against Calvin Brown, for a mule which was shown to have belonged to the plaintiff’s husband at the time of his death. One Murphy, a witness for plaintiff, testified, ££ that he knew the parties to this suit and the mule sued for ; that plaintiff’s husband died in 1842, owning, at the time of his death, this mule and another one, a horse and other property; that said Beason left several children, some of whom were over twenty-one years of age, and some minors, four or five of whom…
1Opinion of the CourtGoldthwaite, J.
We are satisfied that the plaintiff below might properly maintain the action, against every one but the rightful administrator, upon a principle analogous to that which enables the finder of lost property to maintain the same action against every one but the real owner. During the period that administration was not granted, the legal title or real ownership was, in one sense, in no one.
2. The mule sued for was in possession of the defendant, who, on being informed that it was the property of the plaintiff, replied, that he had got or won the mule, or fifty dollars in the mule, from William…
2Cases cited1 opinion
- Lee v. MathewsSupreme Court of Alabama · 1846
3Cited by14 opinions
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- Shriner v. MeyerSupreme Court of Alabama · 1911
- Haas v. TaylorSupreme Court of Alabama · 1886
- Williams v. CrumSupreme Court of Alabama · 1855
- Cook v. PattersonSupreme Court of Alabama · 1859
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