Brewer v. Strong's Ex'rs
Supreme Court of Alabama
Writ of error to the Circuit Gourt of Fayette. The plaintiff in error brought an action of detinue against the defendants, as executors of the last will; &c., of Wm. M, Strong, deceased. The declaration is in usual'form, alledg-ing the possession by the plaintiff of two slaves, particularly designated, their loss by him, and their finding and detention by the defendants. Issues were joined upon the pleas of non detinet and the statute of limitations.
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Writ of error to the Circuit Gourt of Fayette. The plaintiff in error brought an action of detinue against the defendants, as executors of the last will; &c., of Wm. M, Strong, deceased. The declaration is in usual'form, alledg-ing the possession by the plaintiff of two slaves, particularly designated, their loss by him, and their finding and detention by the defendants. Issues were joined upon the pleas of non detinet and the statute of limitations. Upon the trial, a bill of exceptions was sealad at the instance of the plaintiff, from which it appears, that evidence was adduced by him…
1Opinion of the CourtCollier, C. J.
To entitle the plaintiff to recover in an action of detinue, he must prove not only his own property in the goods, but the detainer by the defendant; for the detention is the gist of the action. It has therefore been held, that detinue does not lie against the executor of a bailee, who has destroyed the chattel; [Bul. N. P. 50 ;] and if there be several executors, and one only has the possession, the action must be brought against him alone. [Bro. Ab. tit. Detinue, pl. 19; 1 Saund. Pl. & Ev. 436; 1 C. & J. Rep. 545; 1 Tyrw. Rep. 445; 1 Price’s P. C. 71; 2 Stark. Ev. 493 to 495; 6 Leigh’s Rep.…
2Cases cited1 opinion
- Scott v. ThorpNew York Court of Chancery · 1835
3Cited by11 opinions
- Strong's Ex'rs v. BrewerSupreme Court of Alabama · 1850
- White v. McFarlandMissouri Court of Appeals · 1910
- Lawson's Adm'r v. Lay'sSupreme Court of Alabama · 1854
- English's Ex'r v. McNair's Admr'sSupreme Court of Alabama · 1859
- Barnes v. MobleySupreme Court of Alabama · 1852
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