Pool v. Harrison
Supreme Court of Alabama
Error to the Circuit Court of Dallas. Tried before the Hon. Nathan Cook. This was an action of detinue instituted by the plaintiff against the defendant in error to recover certain slaves. The defendant filed the plea of non detinet and two of estoppel.
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Error to the Circuit Court of Dallas. Tried before the Hon. Nathan Cook. This was an action of detinue instituted by the plaintiff against the defendant in error to recover certain slaves. The defendant filed the plea of non detinet and two of estoppel. The first plea of estoppel avers that the defendant was the administrator, with the will annexed, of Richard Harrison, deceased, and demanded the slaves in controversy, with a number of others, of the plaintiff, as assets of the estate ; that the plaintiff delivered them up on such demand; and they were afterwards distributed as the property…
1Opinion of the CourtChilton, J.
This case was before this court at a previous term. — 16 Ala. 167. We have carefully examined the opinion in that case, and find that it covers the material points raised upon the record before us. We think it very clear that the unqualified surrender by Pool to Kirkland Harrison, the administrator, of the slaves in dispute, as assets of the estate of Richard Harrison, deceased, and the subsequent distribution of them among the next of kin, without any objection from him, all which was done by order of the Orphans’ Court and with Pool’s concurrence or rather without objection from him,…
2Cases cited5 opinions
- Trotter v. BlockerSupreme Court of Alabama · 1838
- Goodwin ex rel. Hale v. HarrisonSupreme Court of Alabama · 1844
- Bowen v. SnellSupreme Court of Alabama · 1846
- Harrison v. PoolSupreme Court of Alabama · 1849
- Alston v. ColemanSupreme Court of Alabama · 1845
3Cited by10 opinions
- Mahone v. WilliamsSupreme Court of Alabama · 1863
- Russell v. BushSupreme Court of Alabama · 1916
- City Deposit Bank v. GreenSupreme Court of Iowa · 1908
- City of Prichard v. HawkinsSupreme Court of Alabama · 1951
- Paulausky v. Polish Roman Catholic UnionIndiana Supreme Court · 1942
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