Hooper v. Payne
Supreme Court of Alabama
Appeal from the Circuit Court of Tallapoosa. Tried before the TIon. Leroy F. Box. On the 28th October, 1890, the appellee in this case, W. H. Bayne, sued out a writ in an action of statutory detinue against W. O. Spier, to recover 2,258 pounds of seed-cotton; and the writ was executed on the same day.
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Appeal from the Circuit Court of Tallapoosa. Tried before the TIon. Leroy F. Box. On the 28th October, 1890, the appellee in this case, W. H. Bayne, sued out a writ in an action of statutory detinue against W. O. Spier, to recover 2,258 pounds of seed-cotton; and the writ was executed on the same day. A claim to the cotton was interposed on the 1st November, by J. F. Hooper, for whom Spier held the cotton as agent; affidavit was made, and bond given for atrial of the right of property under the statute; and this appeal is taken from the judgment rendered on the trial of that suit. The…
1Opinion of the CourtStone, C. J.
— In August, 1888, Hooper, the appellant, instituted a statutory aciion of ejectment against Araminta and G. W. Smith. The subject of the suit was a tract of land on which the said G. W. and Araminta Smith were then residing. Only the husband and wife were made parties defendant. *225Hooper recovered in that action September 10,1890, and also recovered two hundred and fifty dollars damages, for use and occupation of the premises while they were withheld from him, Hooper. No part of this two hundred and fifty dollars was for the use and occupation of the purt of the land cultivated by R. A. Smith,…
2Cases cited2 opinions
- Cooper v. WatsonSupreme Court of Alabama · 1882
- Stovall v. JohnsonSupreme Court of Alabama · 1849
3Cited by7 opinions
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