Brown v. Brown
Supreme Court of Alabama
Writ of Error to the Circuit Court of Greene. Before the Hon. G. D. Shortridge. This was an action of detinue at the suit of the defendant in error, for the recovery of a slave named Charles. The cause was tried on the plea of non detinet, a verdict returned for the plaintiff, in which the value of the slave, with damages for his detention, were assessed, and judgment entered in usual form. On the trial, the defendant excepted to the ruling of the court.
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Writ of Error to the Circuit Court of Greene. Before the Hon. G. D. Shortridge. This was an action of detinue at the suit of the defendant in error, for the recovery of a slave named Charles. The cause was tried on the plea of non detinet, a verdict returned for the plaintiff, in which the value of the slave, with damages for his detention, were assessed, and judgment entered in usual form. On the trial, the defendant excepted to the ruling of the court. It appears from the bill of exceptions, that evidence was adduced by the plaintiff, tending to prove that about the middle of November,…
1Opinion of the CourtCollier, C. J.
This cause was before this court at a previous term, (5 Ala. Rep. 508,) and we then held, in conformity to what was before said in Goodman v. Munks, 8 Por. Rep. 84, that, where personal property has been held adversely in one State for a period beyond that prescribed by its laws as a bar to its recovery, and the possessor after-wards removes into another State, which has a larger period of prescription, the original holder cannot successfully assert a title in the latter State. It was proved at the trial that the statute bar to an action for a chattel is four years in South Carolina, and that…
2Cases cited4 opinions
- Yeaton v. Lynn Ex Rel. LylesSupreme Court of the United States · 1831
- Elam v. Bass's ExecutorsSupreme Court of Virginia · 1814
- Brown v. BrownSupreme Court of Alabama · 1843
- Sadler v. Fisher's adm'rsSupreme Court of Alabama · 1841
3Cited by4 opinions
- Hardie-Tynes Mfg. Co. v. CruiseSupreme Court of Alabama · 1914
- Harper v. Raisin Fert. Co.Supreme Court of Alabama · 1908
- McAlister v. McAlisterSupreme Court of Alabama · 1926
- Whitfield v. WhitfieldMississippi Supreme Court · 1870