Whitworth v. Thomas
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before tbe Hon. John B. Tally. This action was brought by liobert Thomas, against Henry Whitworth and Mrs. Tabitha Whitworth (now Latham), to recover a mule, with damages for its detention; and was commenced on the 23d June, 1884. On the trial, numerous exceptions were reserved by the defendants to the rulings of the court on evidence, and these rulings are here assigned as error.
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Appeal from the Circuit Court of Jackson. Tried before tbe Hon. John B. Tally. This action was brought by liobert Thomas, against Henry Whitworth and Mrs. Tabitha Whitworth (now Latham), to recover a mule, with damages for its detention; and was commenced on the 23d June, 1884. On the trial, numerous exceptions were reserved by the defendants to the rulings of the court on evidence, and these rulings are here assigned as error. The opinion states' the material facts. cited 2 Chitty’s Pleadings, 16th ed., 393; 1 Story on Contracts, § 543, note 5; Black v. Oliver, 1 Ala. 449; Gunter v. Leakey,…
1Opinion of the CourtStone, C. J.
— The present suit is a statutory action for the recovery of a chattel in specie, corresponding to the common-law action of detinue in every respect material to the decision of this appeal. Thomas exchanged with Whit-worth a mule for a mare, giving and paying á small difference. About two weeks after the exchange, he tendered the mare back, and demanded a rescission, claiming that the mare was unsound when traded to him, and that he had been defrauded in the trade. Whitworth refused to receive the mare, and refused to rescind. ■ Thomas thereupon brought this action to recover the mule. There…
2Cases cited1 opinion
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