Russell v. Walker
Supreme Court of Alabama
Appeal from Macon Circuit Court. Tried before Hon. James E. Curb. This was an action of detinue, brought by J. M. Russell against B. W. Walker, to recover a horse, and was tried on issue joined on the plea of the general issue, the trial resulting iu a verdict and judgment for tlie defendant.
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Appeal from Macon Circuit Court. Tried before Hon. James E. Curb. This was an action of detinue, brought by J. M. Russell against B. W. Walker, to recover a horse, and was tried on issue joined on the plea of the general issue, the trial resulting iu a verdict and judgment for tlie defendant. It appears from the bill of exceptions that, in the year 1880, one Mitchell executed to Reynolds & McLeod'a mortgage on the horse sued for to secure advances for that year; that “in the latter part of that year” Mitchell delivered the horse to Reynolds & McLeod, and they delivered it to one Henderson,…
1Opinion of the Court
BRIOKELL, O. J.
— The present action, for the recovery of a chattel in specie, and- damages for its detention,- can not be supported, unless, at the time it was commenced, the plaintiff had a general or special property in the chattel, and the right *317of immediate possession. The plaintiff, not having had actual possession, must prove a legal title. — Parsons v. Boyd, 20 Ala. 112; Reese v. Harris, 27 Ala. 301. Assuming that at the execution of the mortgage, the title resided in the mortgagor, the assignment of the mortgage subsequently, upon payment of the mortgage debt, passed title to the…
2Cases cited2 opinions
- Parsons v. BoydSupreme Court of Alabama · 1852
- Reese v. HarrisSupreme Court of Alabama · 1855
3Cited by17 opinions
- Hicks v. MeadowsSupreme Court of Alabama · 1915
- Richmond & Danville Railroad v. JonesSupreme Court of Alabama · 1890
- Winter & Loeb v. JudkinsSupreme Court of Alabama · 1894
- Smith v. KeyserSupreme Court of Alabama · 1896
- Askew Bros. v. Steiner & LobmanSupreme Court of Alabama · 1884
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