Legal Opinion

Spivey v. Morris

Supreme Court of Alabama

Decided June 15, 1850PublishedCited by 10 opinions

Error to the Circuit Court of Talladega. Tried before the Hon. John J. Woodward. Trover by the plaintiff against the defendant in error for the conversion of a horse. The defence relied on was a former recovery" in" "trover, for the conversion of the same property» against one Oden, under whom the defendant claimed title.

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Error to the Circuit Court of Talladega. Tried before the Hon. John J. Woodward. Trover by the plaintiff against the defendant in error for the conversion of a horse. The defence relied on was a former recovery" in" "trover, for the conversion of the same property» against one Oden, under whom the defendant claimed title. The court held the defence good, and so charged the jury, which is the error now assigned. 1. A judgment recovered in any form of action, is but a security for the one general cause of action, until it is made pro^ductive in satisfaction to the party, and until then it would…

1Opinion of the CourtChilton, J.

The question in this case is, whether a recovery in an action of trover by the plaintiff against one party, but without execution upon, or satisfaction of the judgment, is a bar to an action of the same kind brought by the plaintiff against a person claiming under the defendant to the former judgment. There is certainly most respectable authority on both sides of this question. That a judgment in trover for the value of the property amounts to an investiture of title in the defendant is decided in Brown v. Watton, Cro. Jac. 43; Adams v. Broughton, Andrew’s Rep. 18; S. C. Stra. 1070; Murrel v.…

2Cases cited3 opinions

  1. Curtis v. GroatNew York Supreme Court · 1810
  2. Floyd v. BrowneSupreme Court of Pennsylvania · 1829
  3. Sanderson v. CaldwellSupreme Court of Vermont · 1826

3Cited by10 opinions

  1. Vandiver & Co. v. PollakSupreme Court of Alabama · 1894
  2. Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
  3. Wolffe v. StateSupreme Court of Alabama · 1885
  4. Nesbitt v. McGeheeSupreme Court of Alabama · 1855
  5. Firemen's Insurance v. Cochran & Co.Supreme Court of Alabama · 1855

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