Pruitt v. Gunn
Supreme Court of Alabama
Appeal from Coosa Circuit Court. I-Iearcl before Hon. S. L. Brewer. Detinue by W. C. Gunn against F. M. Pruitt and. D. H. Riddle to recover a horse and rifle. From a judgment for plaintiff, defendants appeal. The evidence tended to show that plaintiff owned a clay-bank colored horse which was taken from his father’s place about December 17, 199,3, by a Mr. Dodd, and that it was the horse in question in this suit.
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Appeal from Coosa Circuit Court. I-Iearcl before Hon. S. L. Brewer. Detinue by W. C. Gunn against F. M. Pruitt and. D. H. Riddle to recover a horse and rifle. From a judgment for plaintiff, defendants appeal. The evidence tended to show that plaintiff owned a clay-bank colored horse which was taken from his father’s place about December 17, 199,3, by a Mr. Dodd, and that it was the horse in question in this suit. The proof further tended to show that W. C. Gunn lived with his father, J. M. Gunn, at the time the horse was taken. The defendants offered in evidence an execution issued from the…
1Opinion of the CourtAnderson, J.
A defendant, when sued in detinue or trover, may show an outstanding superior title, with which he connects his claim or possession; or when a plaintiff fails to show former possession, and relies solely upon title, the defendant is allowed to show a superior title in a third person, without connecting himself with it, to defeat the action. But this exception does not apply when both claim title through a common source. — Mitchell v. Thomas, 114 Ala. 461, 21 South. *655991; Draper v. Walker, 98 Ala. 310, 18 South. 595; Gardner v. Boothe, 31 Ala. 186. The plaintiff introduced evidence in…
2Cases cited3 opinions
- Draper v. WalkerSupreme Court of Alabama · 1893
- Gardner v. BootheSupreme Court of Alabama · 1857
- Waldrop v. Friedman & LovemanSupreme Court of Alabama · 1890
3Cited by7 opinions
- Bradley v. BentleySupreme Court of Alabama · 1935
- Page v. SkinnerSupreme Court of Alabama · 1929
- Ping v. KershawSupreme Court of Oklahoma · 1923
- E. H. Bardes Range & Foundry Co. v. WeaverOhio Court of Appeals · 1942
- Bradley v. BentleyAlabama Court of Appeals · 1934
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