Hudgins v. Glass
Supreme Court of Alabama
Appeal from the Circuit Court of Bibb. Tried before the Hon. William M. Bbooes. This action was brought by James Hudgins, against William M. Glass, to recover damages for an alleged fraud or deceit perpetrated by the defendant in an exchange of mules between him and the plaintiff.
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Appeal from the Circuit Court of Bibb. Tried before the Hon. William M. Bbooes. This action was brought by James Hudgins, against William M. Glass, to recover damages for an alleged fraud or deceit perpetrated by the defendant in an exchange of mules between him and the plaintiff. The fraud was alleged to consist in the fact, that the defendant, at the time of the exchange, had no title to the mule which he traded to the plaintiff, and well knew that fact at the time the contract was made. No pleas appear in the record. The bill of exceptions is as follows: “ On the trial of this cause, the…
1Opinion of the CourtA- J- Walker, C. J.
The statutes found in the Code, from section 1062 to section 1091 inclusive, constitute the taker-up of an estray, who does the acts prescribed in those statutes, the bailee of the animal for twelve months, unless it is claimed by the owner; and vests him with the owner’s title after twelve months. He is a law-appointed bailee, and is invested with a qualified property in the animal which is the subject of the bailment, and might, by virtue of that qualified property, maintain an action for the recovery of such animal. If the animal should escape from him during the bailment for twelve…
2Cited by3 opinions
- McKinney v. StateAlabama Court of Appeals · 1915
- McCrossin v. DavisSupreme Court of Alabama · 1892
- Stephenson v. BrunsonSupreme Court of Alabama · 1887