Carlisle v. Killebrew
Supreme Court of Alabama
Appeal from tbe Circuit Court of Dale. Tried before tbe Hon. Jesíse M. Carmichael. This action was brought by B. K. Carlisle against John O. Killebrew, to recover certain personal property, wbicb was described as “2,500 lbs. of seed-cotton, 80 bushels of corn, and 400 lbs. of fodder;” and was commenced on the 3d October, 1887. The property sued for consisted of the crops, or.part of the crops, raised during the year 1887, on a tract of land which was in dispute between the…
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Appeal from tbe Circuit Court of Dale. Tried before tbe Hon. Jesíse M. Carmichael. This action was brought by B. K. Carlisle against John O. Killebrew, to recover certain personal property, wbicb was described as “2,500 lbs. of seed-cotton, 80 bushels of corn, and 400 lbs. of fodder;” and was commenced on the 3d October, 1887. The property sued for consisted of the crops, or.part of the crops, raised during the year 1887, on a tract of land which was in dispute between the plaintiff and M. N. Killebrew, who was the father of the defendant; and the defendant, acting as agent of his father, had…
1Opinion of the CourtSomerville, J.
One M. N. Killebrew, under whom the appellee in this case claims, had, prior to the present suit, recovered certain premises from the plaintiff, Carlisle, in a real action in the nature of ejectment. He was formally put in possession by the sheriff under a writ of possession, and under such claim of right gathered and appropriated the crops of cotton, corn and fodder growing on the land. Carlisle afterwards took possession of the land, without resort to the courts, and brought the present action in detinue to recover the crops taken away by Killebrew.
I. The general rule of the common law is,…
2Cases cited12 opinions
- Page v. FowlerCalifornia Supreme Court · 1870
- Howard v. Kennedy's Exr'sSupreme Court of Alabama · 1843
- Dryer v. LewisSupreme Court of Alabama · 1877
- Equator Company v. HallSupreme Court of the United States · 1882
- Shumake v. Nelms' Adm'rSupreme Court of Alabama · 1854
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- Morrison v. StateSupreme Court of Alabama · 1957
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