Rowan v. Hutchisson
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKinstby. Tom, about seven years old, and Mary (alias Louisa), about nine years old ; pleas, non detinet, and justification under certain attachments sued out by third persons against Michael M. Rowan, a brother of plaintiff, and levied by the defendant, as sheriff of Mobile’ county, on said slaves as the property of said Michael.
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Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKinstby. Tom, about seven years old, and Mary (alias Louisa), about nine years old ; pleas, non detinet, and justification under certain attachments sued out by third persons against Michael M. Rowan, a brother of plaintiff, and levied by the defendant, as sheriff of Mobile’ county, on said slaves as the property of said Michael. The record shows that the plaintiff executed the statutory bond, and that the slaves were thereupon delivered into his possession. On the trial of the cause, as appears from the bill of exceptions,…
1Opinion of the CourtRice, J.
The evidence does not show that the slaves ever were' in the possession' of the plaintiff, after they went *334into the service and control of Michael, in the city of Mobile, in 1845 or 1846 ; but, on the contrary, there is a preponderance of evidence in favor of'the proposition, that the,possession of these slaves by Michael was continuous from 1845 or 1846, until the levy of the attachments, made after he had gone to California. All the declarations of the plaintiff as to-his ownership of the slaves, offered in evidence by him, were properly rejected, upon the ground that at the time he made…
2Cited by5 opinions
- Masterson v. GibsonSupreme Court of Alabama · 1876
- Vinegar Bend Lumber Co. v. Chicago Title & Trust Co.Supreme Court of Alabama · 1901
- Wittick's Adm'r v. KeifferSupreme Court of Alabama · 1857
- Haden v. TuckerSupreme Court of Alabama · 1862
- Hayes v. Sanders, Vann & ChalkerAlabama Court of Appeals · 1918