Benje v. Creagh's Adm'r
Supreme Court of Alabama
Error to tbe Circuit Court of Mobile. Tried before tbe Hon. JOHN Bragg. Tbe defendant in error, as tbe administrator of G. W. Creagb, deceased, brought bis action of detinug against Benje, tbe plaintiff in error, to recover certain slaves. Tbe statute of limitations "and tbe general issue were pleaded.
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Error to tbe Circuit Court of Mobile. Tried before tbe Hon. JOHN Bragg. Tbe defendant in error, as tbe administrator of G. W. Creagb, deceased, brought bis action of detinug against Benje, tbe plaintiff in error, to recover certain slaves. Tbe statute of limitations "and tbe general issue were pleaded. Tbe evidence on tbe part of tbe plaintiff established a demand, and tended to show tbat tbe défendant came into the possession of the slaves in 1833, by hiring from his intestate, that the hiring continued from 1833 to 1837, and that the defendant, during that period, repeated!y acknowledged…
1Opinion of the CourtGoldthwaite, J.
— The action of the court below in refusing to grant a new trial cannot be reviewed in this court. Spence v. Tuggle, 10 Ala. 538.
As to the argument that the right of action accrued at the termination of the hiring, there can be no doubt that a bailor, parting with the possession of his slave for a limited time, has the right to resume the possession of his property at the termination of the bailment; and we think ■ also, that the general rule in cases of hiring, where there is no stipulation to the contrary, requires the hirer to return the slave on the determination of his term. Story on…
2Cases cited2 opinions
- Spence v. TuggleSupreme Court of Alabama · 1846
- Ames v. SchueslerSupreme Court of Alabama · 1848
3Cited by23 opinions
- Van Antwerp v. Van AntwerpSupreme Court of Alabama · 1941
- Brown v. CockerellSupreme Court of Alabama · 1858
- Watrous v. MorrisonSupreme Court of Florida · 1894
- Collins v. JohnsonSupreme Court of Alabama · 1876
- Ashford v. McKeeSupreme Court of Alabama · 1913
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