Nelson v. Howison
Supreme Court of Alabama
Appeal from tlie Circuit Court of Bibb. Tried before the Hon. John Moore. This was an action of detinue brought by the appellee, Allen P. Howison, against the appellant, Frank Nelson.
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Appeal from tlie Circuit Court of Bibb. Tried before the Hon. John Moore. This was an action of detinue brought by the appellee, Allen P. Howison, against the appellant, Frank Nelson. The complaint was in the following language: “The plaintiff claims of the defendant the following personal property, towit: One wet pan, one engine, one boiler and the appurtenances belonging to the said -engine, boiler and wet pan, Avitli the value of the hire or use thereof during the detention, viz., since October 1st, 1895.” To this complaint the defendant demurred upon the grounds, 1st, that there is…
1Opinion of the CourtSharpe, J.
— This action is in detinue, and the complaint describes the property recovered in the judgment appealed from as one engine and one boiler. Such description tested by former adjudications of this court Avas sufficiently definite and the demurrer to the complaint was properly overruled. — Haynes v. Crutchfield, 7 Ala. 189; Thompson v. Pearce, 49 Ala. 210.
The plaintiff claims through an unsatisfied chattel mortgage executed to him by John Eharker in 1884 to secure a note given for the purchase price of the boiler in suit, and the mortgage included both the boiler and the engine sued for. The…
2Cases cited9 opinions
- Butler v. JonesSupreme Court of Alabama · 1886
- Foster v. Chamberlain & Co.Supreme Court of Alabama · 1867
- Haynes v. CrutchfieldSupreme Court of Alabama · 1844
- Howle v. EdwardsSupreme Court of Alabama · 1892
- Powers v. HarrisSupreme Court of Alabama · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Jennings v. JenningsSupreme Court of Alabama · 1947
- Goodgame v. DawsonSupreme Court of Alabama · 1942
- Jennings v. Provident Life Accident Ins. Co.Supreme Court of Alabama · 1945
- Walling v. CouchSupreme Court of Alabama · 1973
- Young v. ChandlerSupreme Judicial Court of Maine · 1906
9 more not listed; retrieve them via the Exa API.