Walker v. Fenner
Supreme Court of Alabama
ERROR to the Circuit Court of Lauderdale. Tried before the Hon. Thomas A. Walter. The question presented is, whether the defendant is liable in detinue, where the property sued for was, at the time the plaintiff’s right to the possession accrued, and when the action was brought, in the possession of the defendant’s bailee, for hire for an unexpired term. 1. The gist of the action is the wrongful detainer, and not the original talcing, and a necessary result of the principle…
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ERROR to the Circuit Court of Lauderdale. Tried before the Hon. Thomas A. Walter. The question presented is, whether the defendant is liable in detinue, where the property sued for was, at the time the plaintiff’s right to the possession accrued, and when the action was brought, in the possession of the defendant’s bailee, for hire for an unexpired term. 1. The gist of the action is the wrongful detainer, and not the original talcing, and a necessary result of the principle is, •that in order to maintain the action, the plaintiff must .show an actual possession, or a general controlling power…
1Opinion of the CourtChilton, J.
The plaintiff in error, having purchased the life estate of Robert Fenner, hired the slaves, for the recovery of which this action is brought, to Messrs. Bliss and Kirkman, for the term of one year. Pending this term, Robert Fenner died, and the right of the defendants in error as remainder-men to the possession of the slaves accrued. Having commenced their action before the expiration of the term, and while the slaves were in the actual possession of Bliss and Kirkman, the question was raised in the court below, in the prayer for instructions to the jury, whether, under the circumstances,…
2Cases cited1 opinion
- Yesler v. City of SeattleWashington Supreme Court · 1890
3Cited by10 opinions
- McArthur v. Carrie's Adm'rSupreme Court of Alabama · 1858
- Foster v. Chamberlain & Co.Supreme Court of Alabama · 1867
- Nelson v. HowisonSupreme Court of Alabama · 1898
- Robb v. CherryTennessee Supreme Court · 1896
- Henderson v. FeltsSupreme Court of Alabama · 1877
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