Legal Opinion

Martin's v. Martin

Supreme Court of Alabama

Decided June 15, 1854PublishedCited by 21 opinions

Appeal from the Circuit Court of Perry. Tried before the Hon. Thomas A. Walker. Trover by Mary Martin, as executrix of Shadrach Martin, deceased, against Levi Martin, for the conversion of a slave named Jason. The record does not show what the pleas were ; but the defence seems to have been rested upon the ground, that the defendant, if guilty at all, had stolen the slave, and had never been prosecuted for the felony.

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Appeal from the Circuit Court of Perry. Tried before the Hon. Thomas A. Walker. Trover by Mary Martin, as executrix of Shadrach Martin, deceased, against Levi Martin, for the conversion of a slave named Jason. The record does not show what the pleas were ; but the defence seems to have been rested upon the ground, that the defendant, if guilty at all, had stolen the slave, and had never been prosecuted for the felony. One Joseph Smedley, who lived with the defendant during the years 1847 and 1848, testified, on behalf of the plaintiff, that the defendant kept said slave harbored and secreted…

1Opinion of the Court

CHILTON, C. J. —

Whether, if the question were an open one, or for the first time before this court, we should be disposed to hold that an action to recover stolen property might *208not be maintained against the thief before instituting a criminal prosecution for the felony against him, is not now a matter of inquiry with us ; but shall we depart from an unbroken current of decisions, extending back to the first organization of the court, is the question presented by the able argument of the counsel for the appellant.

If, as he insists, these decisions are opposed to the constitution of the State,…

2Cases cited4 opinions

  1. Blackburn v. MinterSupreme Court of Alabama · 1853
  2. Middleton v. HolmesSupreme Court of Alabama · 1836
  3. Morgan v. RhodesSupreme Court of Alabama · 1827
  4. Beazley v. MitchellSupreme Court of Alabama · 1846

3Cited by21 opinions

  1. Hart v. BurnettCalifornia Supreme Court · 1860
  2. Reed v. BrunsonSupreme Court of Alabama · 1988
  3. Shea v. North-Butte Mining Co.Montana Supreme Court · 1919
  4. Prater v. StateSupreme Court of Alabama · 1894
  5. Dupree v. StateSupreme Court of Alabama · 1859

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