Davenport v. Brooks
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head. This was a statutory action of detinue brought by the appellee, Geo. W. Brooks, as next friend for the minor children of B. H. Kline and Mrs. M. Kline, deceased, and sought to recover the possession of one white mare. The case was submitted upon an agreed statement of facts.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head. This was a statutory action of detinue brought by the appellee, Geo. W. Brooks, as next friend for the minor children of B. H. Kline and Mrs. M. Kline, deceased, and sought to recover the possession of one white mare. The case was submitted upon an agreed statement of facts. The substance of this statement of facts, so far as may be necessary for the proper understanding of the decision of this case, is as follows: B. H. Kline and his wife, Mrs. M. Kline, for several years before her death, which occurred in…
1Opinion of the CourtWalker, J.
Mrs. Mary Kline owned the mare sued for as part of her statutory separate estate. She died in October, 1887. Her husband, B. H. Kline, who still survives her, as-do their minor children, who bj'- next friend bring this suit- to-recover said mare. The suit can not be maintained in their behalf as distributees, because, the father being entitled to one-half of decedent’s personalty, they alone as distributees are only part owners of the property; and for the further-reason that their claim merely as distributees should be-asserted through administration. — Code of 1886, § 2853; Miller v.…
2Cases cited3 opinions
- Englehardt v. Yung's HeirsSupreme Court of Alabama · 1884
- Miller v. EatmanSupreme Court of Alabama · 1847
- Reese v. HarrisSupreme Court of Alabama · 1855
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