Lucas v. Daniels
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas, Tried before the ITon. Nat. Cook. This action was brought by John Lucas, against John Daniels, to recover three slaves, to-wit, Caroline, Manuel and Perry, together with damages for their detention ; .and, on the death of the defendant pending the suit, was revived against Mrs. Susan Daniels, his widow and ad-ministratrix.
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Appeal from the Circuit Court of Dallas, Tried before the ITon. Nat. Cook. This action was brought by John Lucas, against John Daniels, to recover three slaves, to-wit, Caroline, Manuel and Perry, together with damages for their detention ; .and, on the death of the defendant pending the suit, was revived against Mrs. Susan Daniels, his widow and ad-ministratrix. The woman Caroline, who was the mother ■of Manuel and Perry, belonged to one Livingston Gardner, in South Carolina, in 1820 ; and in 1821, on plaintiff’s marriage with Nancy Gardner, a daughter of said Livingston Gardner, went into…
1Opinion of the CourtA. J. Walker, C. J.
In this case no bond or affidavit was made by the plaintiff, for the purpose of obtaining possession of the property sued for. Tile property was left undisturbed in the possession of the defendant. In such a ease, that the jury should, in a verdict for the defendant, assess the value of the property, would be useless ; and it would have been improper for the court to have given judgment for the defendant, against the plaintiff, for the property, or its alternate value, with damages for the detention. Section 2194 of the Code is manifestly inapplicable to such a case.
[2.] Although the…
2Cases cited3 opinions
- Brown v. CockerellSupreme Court of Alabama · 1858
- Benje v. Creagh's Adm'rSupreme Court of Alabama · 1852
- Harrison v. PoolSupreme Court of Alabama · 1849
3Cited by17 opinions
- Van Antwerp v. Van AntwerpSupreme Court of Alabama · 1941
- Dothard v. DensonSupreme Court of Alabama · 1882
- Smith v. GillamSupreme Court of Alabama · 1885
- Gwin v. Emerald Co.Supreme Court of Alabama · 1918
- Shorter v. SmithSupreme Court of Alabama · 1876
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