Boswell & Woolley v. Carlisle, Jones & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hon. Geo. H. Craig. This action was brought by Edward K. Carlisle and Alex.
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Appeal from the Circuit Court of Dallas. Tried before the Hon. Geo. H. Craig. This action was brought by Edward K. Carlisle and Alex. W. Jones, as partners composing the firm of Carlisle, Jones & Co., against William H. Boswell, Basil M. Woolley, and John P. Mitchell, to recover damages for the illegal seizure of certain personal property, described in the complaint as “seven bales of cotton, eighty-four thousand pounds of cotton in the seed, and twelve hundred bushels of corn;” and was commenced on the 27th day of October, 1874. The defendants pleaded, 1st, not guilty; 2d, that the trespass…
1Opinion of the CourtBbickell, C. J.
Tlie gist of an action of trespass is the injury done to the possession; and, of consequence, to support it, the plaintiff must show that, as to the defendant, he had, at the time of the injury, rightful possession, ctcinial or constructive. The general property draws to it the possession, if there be no intervening adverse right of enjoyment. But, if the general owner has parted with the possession, conferring on another the exclusive right of present enjoyment, retaining in himself only the right to take or resume possession at some future time, or on the happening of some contingency, or…
2Cases cited8 opinions
- Leach, Harrison & Forwood v. BushSupreme Court of Alabama · 1876
- Chamberlain v. GaillardSupreme Court of Alabama · 1855
- Hathaway v. . BraymanNew York Court of Appeals · 1870
- Ellington v. CharlestonSupreme Court of Alabama · 1874
- Nelson v. BondurantSupreme Court of Alabama · 1855
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Hicks Bros. v. Swift Creek Mill Co.Supreme Court of Alabama · 1901
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1901
- Heflin v. SlaySupreme Court of Alabama · 1884
- Rogers v. BrooksSupreme Court of Alabama · 1892
- Fields v. WilliamsSupreme Court of Alabama · 1890
11 more not listed; retrieve them via the Exa API.