Bolton v. Cuthbert
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Tried, before Hon. Wm. S. Anderson. 'Action of detinue by Van. L. Outbbert and Frank J. Parker against John S. Bolton. The opinion sufficiently states the facts upon which the opinion and decision are based. in support of the proposition that Vaughan was a necessary party plaintiff under the evidence, and that plaintiffs could not recover, cited 6 Ency.
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Appeal from Mobile Circuit Court. Tried, before Hon. Wm. S. Anderson. 'Action of detinue by Van. L. Outbbert and Frank J. Parker against John S. Bolton. The opinion sufficiently states the facts upon which the opinion and decision are based. in support of the proposition that Vaughan was a necessary party plaintiff under the evidence, and that plaintiffs could not recover, cited 6 Ency. PI. & Pr., 649; Parsons v. Boyd, 20 Ala. 117; Hogan v. Bell} 1 Stewart .536; Miller v. Eastman, 11 Ala. 609; Price v. Talley, 18 Ala. 21; Ven-son v. Aráis, 81 Ala. 271. (2.) It was unnecessary for plaintiffs…
1Opinion of the CourtTyson, J.
— Action of detinue. There are two parties plaintiff, both of whom testified as to the manner of their acquisition of title to the mules in controversy. Their evidence showed affirmatively and without dispute that one Vaughan ivas a joint owner with them of the property and that they had neyer acquired his interest. “It is well settled in this State, that to entitle the plaintiffs to recover in the action of detinue, they must have the entire interest in the thing sued for; they must have the absolute property with the right to the immedite possession or a special property, as in the case of…
2Cases cited13 opinions
- Smyth v. TankersleySupreme Court of Alabama · 1852
- Torrey v. BurneySupreme Court of Alabama · 1896
- Perminter v. KellySupreme Court of Alabama · 1851
- Parsons v. BoydSupreme Court of Alabama · 1852
- Postal Telegraph Cable Co. v. HulseySupreme Court of Alabama · 1896
8 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Prescott v. MartinSupreme Court of Alabama · 1976
- Catts v. PhillipsSupreme Court of Alabama · 1928
- Union Naval Stores Co. v. PughSupreme Court of Alabama · 1908
- Stephens v. WalkerSupreme Court of Alabama · 1928
- Sherrill v. Louisville & Nashville R. R.Supreme Court of Alabama · 1905
17 more not listed; retrieve them via the Exa API.