Carleton v. Kimbrough
Supreme Court of Alabama
Appeal from Clarke Circuit Court. Heard before'Hon. John T. Lacklanjx Action by J. W. Kimbrough against Kate Grayson, in which Crissie Carleton appeared and became the real party defendant.
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Appeal from Clarke Circuit Court. Heard before'Hon. John T. Lacklanjx Action by J. W. Kimbrough against Kate Grayson, in which Crissie Carleton appeared and became the real party defendant. From a judgment for plaintiff, Crissie Carleton appeals . Flea 1 was a complete answer to the complaint. — Jordan v. FAndsey, 132 Ala. 569; Peyton v. Bellinger, 87 Ala. 575. The second plea was a good defense and should have been allowed. —Behr v. Person , 95 Ala. 438; 72 Ala. 347. Out of the relation of employer and employee no title to Kate to the crop or any portion of it could be evolved. — 132 Ala.…
1Opinion of the CourtAnderson, J.
The plaintiff brought an action of detinue, for one bale of cotton against Kate Grayson. The defendant disclaimed under section 2634 of the *620Code of 1896, and suggested Crissie Carleton, the appellant, as the right defendant. Crissie Carleton appeared and gave bond as is required by the statute, and thus became the real and only party defendant to said action of detinue.
The plaintiff, in order to receover, was put to proof of the legal title, which he attempted by introducing a mortgage given to him by the said Grayson. The undisputed evidence shows that Carleton furnished the land and. team…
2Cited by6 opinions
- Crow v. BeckSupreme Court of Alabama · 1922
- Hodges v. WestmorelandSupreme Court of Alabama · 1923
- Tate v. Cody-Henderson Co.Alabama Court of Appeals · 1914
- Willard v. CoxAlabama Court of Appeals · 1913
- Porter & Co. v. GodfreyAlabama Court of Appeals · 1915
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