Chappell v. Falkner
Alabama Court of Appeals
Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Detinue by W. A. Falkner against W. J. Chappell and others. Judgment for plaintiff and defendants appeal.
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Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Detinue by W. A. Falkner against W. J. Chappell and others. Judgment for plaintiff and defendants appeal. To authorize a judgment in detinue, the evidence must show that at the time of the commencement of the suit, the property in controversy was in possession of defendant. — Salter v. Pearce, 4 Ala. 669; Pearce v. Hill, 9 Port. 151; Oliver v. McClellan, 21 Ala. 76; Henderson v. Phelps, 58 Ala. 590; Gilbreath v. Jones, 66 Ala. 129; Berlin M. Whs. v. C. F. Co., 112 Ala. 488; Jesse-F. Co. v. Bradley, 138 Ala. 177. The evidence…
1Opinion of the CourtThomas, J.
The appellants, who were the defendants in a detinue suit, appeal from the judgment against them, and assign as error, among other things, the refusal of the lower court to give the affirmative charge in their favor, here urging that it should have been given for two reasons: First, because the evidence failed to show that the defendants were in possession of the property at the time the suit was brought ; and, second, because the evidence failed to show that the plaintiff made any demand on defendants for the possession of the property prior to bringing the suit.
With respect to the first…
2Cases cited4 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Black v. Slocumb Mule Co.Alabama Court of Appeals · 1913
- Hodges v. KyleAlabama Court of Appeals · 1913
- Foster v. JohnsonSupreme Court of Alabama · 1848
3Cited by6 opinions
- Ford Motor Credit Co. v. Howell Bros. Truck & Auto Repair Inc.Court of Civil Appeals of Alabama · 1975
- Home Bond & Mortgage Corp. v. Alabama Utilities Service Co.Supreme Court of Alabama · 1932
- Denham v. YanceyAlabama Court of Appeals · 1922
- Wells v. ParkerSupreme Court of Alabama · 1917
- Clark v. BoutwellAlabama Court of Appeals · 1918
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