Pruett v. Gunn
Supreme Court of Alabama
Appeal from Coosa Circuit Court. Heard before Hon. S. L. Brewer. Detinue by W. O. Gunn against F. M. Pruett, to recover a borse. From a judgment for plaintiff, defendant appeals.
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Appeal from Coosa Circuit Court. Heard before Hon. S. L. Brewer. Detinue by W. O. Gunn against F. M. Pruett, to recover a borse. From a judgment for plaintiff, defendant appeals. Great latitude should have been allowed on cross exomination to establish the fraud in the effort to defeat the execution. — Patterson v. The State, 47 South. 52. It was competent to show that J. W. Gunn was insolvent. — Baher v. Cotney, 43 South. 786. Under section 1013, Code 1896, the property would have been liable for the indebtedness created by J. W. Gunn, and 'this evidence is clearly competent. — Mat-thetas v.…
1Opinion of the CourtAnderson, J.
The plaintiff offered evidence of his possession and title to the horse and that the defendant was in possession at the commencement of the suit. The defendant attempted to justify the detention by showing that he held the horse, under the levy of an execution, held by him as constable against the plaintiff’s father, Jack Gunn, and that the horse was the property of said Jack Gunn. “The gist of the action of detinue is the wrongful or tortious detention of the property, not the original caption, and it is regarded as wholly unimportant whether the defendant’s possession was acquired by…
2Cases cited2 opinions
- Innerarity v. Heirs of MimsSupreme Court of Alabama · 1840
- Salter v. PearceSupreme Court of Alabama · 1843
3Cited by3 opinions
- Southern Hardware & Supply Co. v. LesterSupreme Court of Alabama · 1910
- Bradley v. BentleyAlabama Court of Appeals · 1934
- Bradley v. BentleyAlabama Court of Appeals · 1934