Williams v. Brassell
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. James Q. Smith. ■ This action was brought by Albert B. Brassell, against Robert S. Williams, and was commenced on the 16th November, 1871. The complaint was in these words: “ The plaintiff claims of the defendant three thousand dollars, as damages; for that whereas the said plaintiff, before and at the time of the committing of the grievance hereinafter next mentioned, was the owner and proprietor of certain…
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. James Q. Smith. ■ This action was brought by Albert B. Brassell, against Robert S. Williams, and was commenced on the 16th November, 1871. The complaint was in these words: “ The plaintiff claims of the defendant three thousand dollars, as damages; for that whereas the said plaintiff, before and at the time of the committing of the grievance hereinafter next mentioned, was the owner and proprietor of certain chattels, to wit,” three mules, “ which were of great' value, to wit, of the value of one thousand dollars, and which…
1Opinion of the CourtBrickell, J.
This action is in the nature of a special action on the case at common law, by a reversioner of personal property, for an injury to the reversion, pending the continuance of the particular or preceding estate. The right to maintain such action is well settled, on principle and authority; the test of its propriety being, whether the injury complained of is permanent, affecting the reversion; or temporary only, affecting tbe tenant of the particular estate. A sale of the absolute interest, by tbe tenant of the particular estate, or by a stranger, instead of the qualified interest, is an injury…
2Cases cited4 opinions
- Ford v. . WilliamsNew York Court of Appeals · 1862
- Ewing v. BlountSupreme Court of Alabama · 1852
- Walsh v. BailieNew York Supreme Court · 1813
- Arthur v. GayleSupreme Court of Alabama · 1862
3Cited by1 opinion
- May v. O'NealSupreme Court of Alabama · 1899