Price v. Talley's Adm'rs
Supreme Court of Alabama
Error to the Circuit Court of Jackson. Tried before the Hon. Geo. Goldtlnvaite, This was an action of detinue to recover a slave named William, and was instituted by William J. Price, Elisha Price, Oliver Hughes, John R. Hughes, William J. Hughes and John E. Hughes, heirs at law of Polly Woods, deceased, against Jacob Talley. The defendant having died, pending the suit, it was revived against his administrators.
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Error to the Circuit Court of Jackson. Tried before the Hon. Geo. Goldtlnvaite, This was an action of detinue to recover a slave named William, and was instituted by William J. Price, Elisha Price, Oliver Hughes, John R. Hughes, William J. Hughes and John E. Hughes, heirs at law of Polly Woods, deceased, against Jacob Talley. The defendant having died, pending the suit, it was revived against his administrators. On the trial, as appears by the bill of exceptions, the plaintiffs read in evidence a deed in the following words: “Know all men by these presents, that I, Richard Price, of Warren…
1Opinion of the CourtChilton, J.
It is well settled in this State, that to entitle the plaintiffs to recover in the action of detinue, they musí have the entire interest in the thing sued for; they must have .the absolute property with the right to the immediate possession, or a special property, as in the CEise of a bailee.” — Miller v. Eastman, 11 Ala. 609-614; Hogan v. Bell, 1 Stew. 536. To say nothing as to the failure of the plaintiffs to revive the suit in the Circuit Court in the names of the personal representatives of such of the plaintiffs as had died'since it was commenced, it appears that Emory W., Richard P.,…
2Cases cited5 opinions
- Miller v. EatmanSupreme Court of Alabama · 1847
- Goodwin v. LloydSupreme Court of Alabama · 1838
- Bell v. HoganSupreme Court of Alabama · 1828
- Broome v. KingSupreme Court of Alabama · 1846
- Hinton v. NelmsSupreme Court of Alabama · 1848
3Cited by11 opinions
- Pickett v. Doe ex rel. PopeSupreme Court of Alabama · 1883
- Parsons v. BoydSupreme Court of Alabama · 1852
- Bolton v. CuthbertSupreme Court of Alabama · 1902
- Phipps v. TaylorOregon Supreme Court · 1887
- Ray v. FarrowSupreme Court of Alabama · 1924
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