Williams v. Moore
Supreme Court of Alabama
[DETINUE FOB SLAVES.] Appeal from the Circuit Court of Dallas. Tried before the Hon. JohN Gill Shorter. This action was brought by Thos.- M. Williams against David Moore, and was commenced in March, 1852. In the writ, and in the commencement of the declaration, the plaintiff was described as “ Thomas M. Williams, administrator de bonis non on the estate of Peter Wyatt, deceased;” but he declared ou his own individual title and possession, and there was no averment showing…
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[DETINUE FOB SLAVES.] Appeal from the Circuit Court of Dallas. Tried before the Hon. JohN Gill Shorter. This action was brought by Thos.- M. Williams against David Moore, and was commenced in March, 1852. In the writ, and in the commencement of the declaration, the plaintiff was described as “ Thomas M. Williams, administrator de bonis non on the estate of Peter Wyatt, deceased;” but he declared ou his own individual title and possession, and there was no averment showing that he sued in his representative character. The defendant pleaded, “in short by consent, 1st, won detinet; 2d, the…
1Opinion of the CourtWalner, J.
[1-2.] The replication of the plaintiff was clearly bad. It was-no answer to the plea of the statute of limitations of six years, which was a good plea. The suit was by the plaintiff in his individual capacity.George v. English, 30 Ala. 582; Agee v. Williams, 30 Ala. 636; Crimm v. Crawford, 29 Ala. 623; Rambo v. Wyatt’s Adm’r, 29 Ala. 510. The replication is framed upon the idea, that the action is. by the plaintiff' in his representative character, and signally fails to aver any thing which would avoid the application of the statute of limitations to the plaintiff’s individual suit. It…
2Cases cited4 opinions
- Crimm's Adm'rs v. CrawfordSupreme Court of Alabama · 1857
- Wyatt's Adm'r v. RamboSupreme Court of Alabama · 1857
- Agee v. WilliamsSupreme Court of Alabama · 1857
- George v. EnglishSupreme Court of Alabama · 1857
3Cited by2 opinions
- Wade v. DoyleSupreme Court of Florida · 1880
- Hines v. McMillanSupreme Court of Alabama · 1920