Strong v. Strong
Supreme Court of Alabama
ERROR to the Circuit Court of Fayette^ Trover by the defendant against the plaintiff irr error for a slave. Upon the trial, as appears by a bill of exceptions, the plaintiff proved possession of the slave for fifteen or sixteen years, before the commencement of the suit, a demand of the slave and refusal to deliver him by the defendant, and rested his cause.
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ERROR to the Circuit Court of Fayette^ Trover by the defendant against the plaintiff irr error for a slave. Upon the trial, as appears by a bill of exceptions, the plaintiff proved possession of the slave for fifteen or sixteen years, before the commencement of the suit, a demand of the slave and refusal to deliver him by the defendant, and rested his cause. The defendant then read in evidence, a deed made by the plaintiff, on the 31st of March, 1818, in the State of Missouri, by which, in consideration of natural love and affection, he conveyed to the defendant and his wife, several slaves,…
1Opinion of the CourtOrmond, J.
It is contended by the counsel for the defend*347ant in error, that although the court may have erred in its charge to the jury, yet as it is evident from the record, that the plaintiff i» entitled to recover, this court will not reverse the judgment.
This supposition is derived from the long continued possession of the slave by the defendant in error. As the absolute title to the slave in controvers}^ is shown to be in the son, as between him and his father, no length of time would bar a recovery, unless the possession of the father was adverse to that of the son. If the possession of the former…
2Cited by11 opinions
- Herbert v. HanrickSupreme Court of Alabama · 1849
- Jenkins v. McConicoSupreme Court of Alabama · 1855
- Lee v. MathewsSupreme Court of Alabama · 1846
- Sullivan v. MillerSupreme Court of Alabama · 1932
- Hudson v. WilkinsonTexas Supreme Court · 1882
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