Ewing v. Blount
Supreme Court of Alabama
Error to tbe Circuit Court of Mobile. Tried before the Hon. L. Gibbons. This was an action of trover, brought by Blount against Ewing, for the conversion of a slave. It was shown that the slave ran away from the plaintiff in January, 1849, and soon afterwards was in the possession of the defendant, who sold Mm to one Yaughn. It also appeared, that the negro ran away from Yaughn in the year 1850, and was arrested and put in jail in Baldwin county, as a runaway.
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Error to tbe Circuit Court of Mobile. Tried before the Hon. L. Gibbons. This was an action of trover, brought by Blount against Ewing, for the conversion of a slave. It was shown that the slave ran away from the plaintiff in January, 1849, and soon afterwards was in the possession of the defendant, who sold Mm to one Yaughn. It also appeared, that the negro ran away from Yaughn in the year 1850, and was arrested and put in jail in Baldwin county, as a runaway. It was also proved, that the plaintiff came to Mobile, to recover possession of the slave, and did obtain him, and had him in…
1Opinion of the CourtBarg-An, C. J.
The rule is settled by the decisions of this court, that the measure of damages in actions of trover is the value of the goods at the time of the conversion, or at any time subsequent thereto and before the trial, with interest on such value. Tatum v. Manning, 9 Ala. Rep. 144; Lee v. Matthews, 10 Ala. Rep. 682.
This rule we think a correct one, arfl^ we feel no disposition to depart from it; but it is only applicable to those *696cases where tbe owner bad not regained possession .of tbe goods before tbe trial. Pierce v. Benjamin, 14 Pick. 354; Curtis v. Ward, 20 Conn. If tbe owner bas regained tbe…
2Cases cited2 opinions
- Lee v. MathewsSupreme Court of Alabama · 1846
- Tatum v. ManningSupreme Court of Alabama · 1846
3Cited by32 opinions
- Atlanta & Birmingham A. L. Ry. v. BrownSupreme Court of Alabama · 1908
- Loeb & Brother v. Flash Bros.Supreme Court of Alabama · 1880
- Burks v. HubbardSupreme Court of Alabama · 1881
- Field v. MunsterCourt of Appeals of Texas · 1895
- United States v. Pine River Logging & Improvement Co.Court of Appeals for the Eighth Circuit · 1898
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