Behr v. Gerson
Supreme Court of Alabama
Appeal from tbe City Court of Montgomery. Tried before tbe Hon. Thos. M. ARRINGTON. Tliis action was brought by Moses Bebr against M. L. Gerson and B. Gerson, to recover numerous articles of household furniture, particularly described in tbe .complaint; and was commenced on tbe 6th September, 1890. Tbe defendants pleaded, jointly and severally, (1) non detinet; (2) that they were not, at the commencement of tbe suit, or at any prior time, in possession of any of tbe property…
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Appeal from tbe City Court of Montgomery. Tried before tbe Hon. Thos. M. ARRINGTON. Tliis action was brought by Moses Bebr against M. L. Gerson and B. Gerson, to recover numerous articles of household furniture, particularly described in tbe .complaint; and was commenced on tbe 6th September, 1890. Tbe defendants pleaded, jointly and severally, (1) non detinet; (2) that they were not, at the commencement of tbe suit, or at any prior time, in possession of any of tbe property sued for, nor bad or exercised any control whatever over it; (3) that plaintiff and bis wife (Bertha Bebr), some time…
1Opinion of the CourtColeman, J.
The demurrer to the pleas raises two propositions : 1st, that a defendant in an action of detinue can not set up the title of a third person to defeat a recovery in detinue, without connecting himself with it; and, 2d, that if the defendant undertakes to set up a title in a third person, he must make affidavit, and pray that notice to such person be issued, to come in and defend. "Where the plaintiff can not show an actual prior possession, he must show a legal title, to authorize a recovery in detinue; but prior possession is sufficient, unless the defendant shows a better outstanding title…
2Cases cited11 opinions
- Brown v. Commercial Fire InsuranceSupreme Court of Alabama · 1888
- Commercial Fire Insurance v. Capital City InsuranceSupreme Court of Alabama · 1886
- Jackson, Morris & Co. v. RutherfordSupreme Court of Alabama · 1882
- Miller v. HamptonSupreme Court of Alabama · 1861
- Sledge v. Swift, Murphy & Co.Supreme Court of Alabama · 1875
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Bolling v. FanninSupreme Court of Alabama · 1892
- Berlin Machine Works v. Alabama City Furniture Co.Supreme Court of Alabama · 1895
- Ingram v. JohnsonSupreme Court of Alabama · 1933
- Reitsch v. McCartyNorth Dakota Supreme Court · 1916
- Wingfield Motor Co. v. DupontAlabama Court of Appeals · 1931
2 more not listed; retrieve them via the Exa API.