Young v. Davis
Supreme Court of Alabama
Appeal from tbe Circuit Court of Pickens. Tlie record does not show the name of the presiding judge. This action was brought by Joshua W. Young against William H. Davis, to recover damages for the defendant’s conversion of thirty-six bales of cotton.
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Appeal from tbe Circuit Court of Pickens. Tlie record does not show the name of the presiding judge. This action was brought by Joshua W. Young against William H. Davis, to recover damages for the defendant’s conversion of thirty-six bales of cotton. The defendant pleaded four pleas, the second of which was the statute of limitations of six years, and the fourth was as follows : “4. Actio non, because lie says that, on the 30th. clay of November, 1844, one Jesse Garrett sued out from the office of one O. S. Williams, Bien a duly commissioned and acting justice of the peace of Tuskaloosa…
1Opinion of the CourtWalker, J.
The- fourth plea does not deny the plaintiff’s title. It avers that, at the time and place when and where the property was taken into possession, it was liable to be levied on as the property of the defendant in attachment. A traverse of the plaintiff’s right of action is not necessarily involved in the assertion that the property was liable to levy. The property may . have been liable to levy, and yet the plaintiff’s title may have been good, except as to creditors and purchasers without notice, asserting a fraud in a conveyance by the defendant in attachment to the plaintiff. The plea is…
2Cases cited6 opinions
- Adams v. AdamsSupreme Court of Alabama · 1855
- Caldwell v. MeadorSupreme Court of Alabama · 1843
- Kent v. LongSupreme Court of Alabama · 1845
- Kirksey v. DuboseSupreme Court of Alabama · 1851
- Bell v. MooreSupreme Court of Alabama · 1846
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Phillips v. MorrowSupreme Court of Alabama · 1924
- Womack v. BirdSupreme Court of Alabama · 1879
- Crow v. StateSupreme Court of Arkansas · 1861
- Farley, Spear & Co. v. WhiteheadSupreme Court of Alabama · 1879
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. BemisOhio Supreme Court · 1901