Williamson v. Sammons
Supreme Court of Alabama
Appeal from the Circuit Court of Shelby. Tried before tbe Hon. K,obt. Dou&hekty. This action was brought by John II. Williamson, against Ilowell Sammons, to recover damages for the conversion of a horse. The plaintiff bought the horse in controversy from one Fields, in January, 1855, and after-wards sold him to one Henry P. Graham.
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Appeal from the Circuit Court of Shelby. Tried before tbe Hon. K,obt. Dou&hekty. This action was brought by John II. Williamson, against Ilowell Sammons, to recover damages for the conversion of a horse. The plaintiff bought the horse in controversy from one Fields, in January, 1855, and after-wards sold him to one Henry P. Graham. The defendant, having lost a horse of similar description early in January, 1855, made oath, before a justice of the peace, that the horse in Graham’s possession was the same that bad been lost or stolen from him, and took the horse into his own possession. The…
1Opinion of the Court
A. J. WALKEN, O. J.
The rule which prohibits the transfer of property, adversely held, is founded in the idea, that such transfers involve the evils of maintenance. 4 Kent’s Com. 446, et seq.; Goodwin v. Lloyd, 8 Porter, 237 ; Brown v. Lipscomb, 9 Porter, 472. “ The reason of this rule was to prevent maintenance, and to prevent the weak from being oppressed by a powerful antagonist, to whom his competitor might assign his title, and who, by his wealth, his influence, or his power, might prevent the ends of justice.” — Hinton v. Nelms, 13 Ala. 222.
The offense of maintenance consists in the “…
2Cases cited4 opinions
- Brown v. LipscombSupreme Court of Alabama · 1839
- Goodwin v. LloydSupreme Court of Alabama · 1838
- Ricks v. DillahuntySupreme Court of Alabama · 1838
- Hinton v. NelmsSupreme Court of Alabama · 1848
3Cited by7 opinions
- Hafer v. ColeSupreme Court of Alabama · 1912
- Alabama State Bank v. BarnesSupreme Court of Alabama · 1886
- Consumers Coal & Fuel Co. v. YarbroughSupreme Court of Alabama · 1915
- Edwards v. BeardSupreme Court of Alabama · 1924
- Houser v. United StatesUnited States Court of Claims · 1904
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