Gurganus v. Brown
Supreme Court of Alabama
Appeal from Walker Law and Equity Court. Heard before Hon. T. L, Sowell. . Action by W. H. Gurganus against Porter Brown for tbe wrongful taking of two bogs. Judgment for defendant, and plaintiff appeals.
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Appeal from Walker Law and Equity Court. Heard before Hon. T. L, Sowell. . Action by W. H. Gurganus against Porter Brown for tbe wrongful taking of two bogs. Judgment for defendant, and plaintiff appeals. Plea 4 is as follows: “For further answer to tbe second count of tbe complaint, defendant says that tbe bogs described in tbe complaint were taken up while running at large in tbe town of Cordova, and were confined in a pen and advertised and sold by defendant acting as marshal of tbe town of Cordova, Ala., under and by virtue of and in accordance with tbe provisions of a certain valid…
1Opinion of the Court
de GRAFFENRIED, J.
— In the case of Ryall v. Epps, 122 Ala. 662, 26 South. 1033, a suit was brought in trover by Ryall against Epps to recover damages for the conversion by the defendant of some cattle. The defendant claimed that he did not convert the cattle, because he had bought them at a poundkeeper’s sale. A local act of the Legislature, passed for the purpose of preventing stock from running at large in Marengo county, authorized the impounding of cattle found running at large, and provided a method for the sale of such cattle. The sale at which Epps bought was had under that act. In…
2Cases cited2 opinions
- Cook v. Rome Brick Co.Supreme Court of Alabama · 1893
- Ryall v. EppsSupreme Court of Alabama · 1898