Wortham v. Gurley
Supreme Court of Alabama
Appeal from Madison Circuit Court. Tried before lion. IT. 0. Speaice. This was an action of detinue, brought by Frank B. Gurley and Emma H. Stewart against Larkin A. Wortham and others ; and it was commenced on 26th Mays 1874. The defendants pleaded, “ in short by consent, the general issue, with leave to give in ev-idenee any matter which, if specially pleaded, would be a good plea in bar.”
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Appeal from Madison Circuit Court. Tried before lion. IT. 0. Speaice. This was an action of detinue, brought by Frank B. Gurley and Emma H. Stewart against Larkin A. Wortham and others ; and it was commenced on 26th Mays 1874. The defendants pleaded, “ in short by consent, the general issue, with leave to give in ev-idenee any matter which, if specially pleaded, would be a good plea in bar.” The cause was tried in February, 1882, the trial resulting in a verdict and judgment for the plaintiffs. As shown by the evidence, Emma H. Stewart was, in and prior to the year 1873, and at the time of…
1Opinion of the Court
SÓMERYILLE, J.
The action is one of detinue, instituted by the appellees, Gurley and Mrs. Emma Stewart, as co-plaintiffs, for sundry articles of personal property appurtenant to the machinery of a saw-mill, claimed by the appellants, who were defendants in the court below.
Mrs. Stewart, one of the plaintiffs, is shown by the evidence to be a married woman, whose husband was still living at the time of the commencement of the suit. The nature of her estate in the property sued for — whether an equitable or a statutory separate estate — is important in determining the question raised as to…
2Cases cited17 opinions
- Supreme Commandery of the Knights of the Golden Rule v. AinsworthSupreme Court of Alabama · 1882
- Allen v. . FoxNew York Court of Appeals · 1873
- Lehman v. MeyerSupreme Court of Alabama · 1880
- Pickens v. OliverSupreme Court of Alabama · 1857
- Zitske v. GoldbergWisconsin Supreme Court · 1875
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3Cited by16 opinions
- Alabama Great Southern Railroad v. ReedSupreme Court of Alabama · 1899
- Scott v. ParkerSupreme Court of Alabama · 1927
- Louisville N. R. Co. v. JamesSupreme Court of Alabama · 1920
- Daniel v. HardwickSupreme Court of Alabama · 1889
- Merchants National Bank v. BalesSupreme Court of Alabama · 1906
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