Hart v. Sharpton
Supreme Court of Alabama
Appeal from Cullman Circuit Court. Tried before Hon. H. C. Speake. Action of detinue by D. S. Sharpton against J. K. Hart and another to recover one grist mill, one gin and press, together with all the fixtures belonging thereto. A demurrer to the complaint on the ground that the description of the property sued for was vague and uncertain, was overruled.
Read the full summary
Appeal from Cullman Circuit Court. Tried before Hon. H. C. Speake. Action of detinue by D. S. Sharpton against J. K. Hart and another to recover one grist mill, one gin and press, together with all the fixtures belonging thereto. A demurrer to the complaint on the ground that the description of the property sued for was vague and uncertain, was overruled. The plaintiff claimed the property by virtue of a mortgage executed to him by one Holmes; the defendants claimed it by purchase from Holmes. The defendants relied in part on a receipt alleged to have been given to Holmes by the plaintiff…
1Opinion of the CourtHaralson, J.
— -Detinue for the recovery of chattels in specie.
1. We "need not deeide-whether or not the complaint was liable to the objection raised to it by demurrer, for that its description of the fixtures belonging to the gin and press sued for, was insufficient. The mill alone of all the property described in the complaint was recovered by the plaintiff. There was no verdict for the gin or press or either of them and their fixtures; and the judgment, answering the verdict, was for the mill or its alternate value. So, if there was error in overruling the demurrer, it was without injury to…
2Cases cited6 opinions
- Montgomery v. CrossthwaitSupreme Court of Alabama · 1890
- Elyton Land Co. v. Morgan & Co.Supreme Court of Alabama · 1889
- Cowan & Co. v. SappSupreme Court of Alabama · 1883
- Cleere v. CleereSupreme Court of Alabama · 1886
- Walker v. CuthbertSupreme Court of Alabama · 1846
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Skelton v. WeaverSupreme Court of Alabama · 1957
- Whitewater Lumber Co. v. LangfordSupreme Court of Alabama · 1927
- Luna v. MontoyaNew Mexico Supreme Court · 1919
- Southern Indemnity Ass'n v. RidgwaySupreme Court of Alabama · 1914