Couch v. Couch
Supreme Court of Alabama
Appeal from the Circuit Court, of Marshall. Tried before the Hon. J. A. Bilbko. This was a statutory action of detinue brought by the appellee, Sheffield Couch, against the appellant, F. M. Couch, for the recovery of a mule. The plaintiff and the defendant claimed title through one Thomas Couch, deceased, wlm was the father of the plaintiff and defendant.
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Appeal from the Circuit Court, of Marshall. Tried before the Hon. J. A. Bilbko. This was a statutory action of detinue brought by the appellee, Sheffield Couch, against the appellant, F. M. Couch, for the recovery of a mule. The plaintiff and the defendant claimed title through one Thomas Couch, deceased, wlm was the father of the plaintiff and defendant. The plaintiff claimed title to the mule as the donee of his father, and the defendant as the administrator of his father’s estate. The plaintiff and the defendant were half brothers. The bill of exceptions contains the following recitals in…
1Opinion of the Court
¡á HARPE, J.
Plaintiff claimed title to the mule, in controversy as donee of Tilomas Couch, who was his father and who died before the beginning of this suit. The defendant, though sued in his individual capacity, is administrator of the estate of that decedent. A Avitness, after testifying that plaintiff had possession of the animal for about tivo years, stated “He said that his father gave him. the mule,” and this statement was, against defendant’s objection, allowed as evidence. In this there Avas error. The declaration deposed to- Avas not a mere claim of ownership such as- might have been…
2Cases cited5 opinions
- Daffron v. CrumpSupreme Court of Alabama · 1881
- Drum & Ezekiel v. HarrisonSupreme Court of Alabama · 1887
- Vincent v. StateSupreme Court of Alabama · 1883
- Cox v. EasleySupreme Court of Alabama · 1847
- Ray v. JacksonSupreme Court of Alabama · 1890
3Cited by3 opinions
- Wilkinson v. BottomsSupreme Court of Alabama · 1911
- Bowline v. CoxSupreme Court of Alabama · 1946
- Peinhardt v. BonnerSupreme Court of Alabama · 1936