Ryall v. Smith
Supreme Court of Alabama
Appeal from the Circuit Court of Marengo. Tried before the Hon. John C. Anderson. This was a statutory action of detinue brought by the appellant, J. S. Kyalh against the appellee, William Smith, to recover possession of a yearling or calf.
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Appeal from the Circuit Court of Marengo. Tried before the Hon. John C. Anderson. This was a statutory action of detinue brought by the appellant, J. S. Kyalh against the appellee, William Smith, to recover possession of a yearling or calf. The defendant pleaded the general issue and also a special plea, designated as “1 — 4:” “Defendant for further plea says that he is a resident citizen of Spring Hill precinct, Marengo county, Alabama, and that Spring Hill precinct is in that portion of .Marengo county where stock are by law prohibited from running at large. That the stock described in the…
1Opinion of the CourtHaralson, J.
The case was tried on the plea designated iii the record, page 7, as 1-4, -where it is copied in full. It is also set out in the bill of exceptions.
In respect to suits of this character, when title to property is claimed through an impounding under the statute establishing a stock district in which stock is not allowed to run at large, the burden is on him who claims under such title to show affirmatively that such statute has been strictly complied with. — Ryall v. Epps, 122 Ala. 662; McCrossin v. Davis, 100 Ala. 631.
The evidence in this case tended to show without conflict, that the…
2Cases cited2 opinions
- McCrossin v. DavisSupreme Court of Alabama · 1892
- Ryall v. EppsSupreme Court of Alabama · 1898
3Cited by5 opinions
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