Beck v. Crow
Supreme Court of Alabama
Appeal from Circuit CBurt, De Kalb County; W. W. Haralson, Judge. Detinue by J. O. Grow against Robert B. Beck. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under section 6, p. 449, Acts 1911. The suit was for four hales of cotton and the seed. Crow furnished the teams and the land to be cultivated, and Beck furnished the labor, with an ¿greement to divide the crops, share and share alike.
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Appeal from Circuit CBurt, De Kalb County; W. W. Haralson, Judge. Detinue by J. O. Grow against Robert B. Beck. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under section 6, p. 449, Acts 1911. The suit was for four hales of cotton and the seed. Crow furnished the teams and the land to be cultivated, and Beck furnished the labor, with an ¿greement to divide the crops, share and share alike. There was some disagreement as to the division of the crop, and, it being in Beck’s possession, Crow brought detinue. At the conclusion of the evidence the court directed…
1Opinion of the Court
SAYRE, .1.
[1, 2] Statutory action of detinue by appellee against appellant. In this form of action it was necessary that the plaintiff should have a general or special property in the things sued for, and, as against the defendant, a present, unqualified right to .the possession of the chattel in its then present form. Traylor v. Marshall, 11 Ala. 458; Seals v. Edmondson, 73 Ala. 295, 49 Am. Rep. 51. Under the contract between ,the parties appellee furnished land and team to grow the cotton in suit; appellant furnished the labor. The crop was to be divided half and half. This established a…
2Cases cited6 opinions
- Mobile Building & Loan Ass'n v. RobertsonSupreme Court of Alabama · 1880
- Seals v. EdmondsonSupreme Court of Alabama · 1882
- Voss & Co. v. Robertson, Brown & Co.Supreme Court of Alabama · 1871
- Williams v. LaySupreme Court of Alabama · 1913
- Traylor v. MarshallSupreme Court of Alabama · 1847
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Prudential Insurance Co. of America v. GibsonMissouri Court of Appeals · 1967
- Crow v. BeckSupreme Court of Alabama · 1922
- Driver v. StateAlabama Court of Appeals · 1921
- Stewart v. YoungSupreme Court of Alabama · 1925
- Campbell v. RiddleSupreme Court of Alabama · 1928
5 more not listed; retrieve them via the Exa API.