Rose v. Pearson
Supreme Court of Alabama
Appeal from the Circuit Court of Henry. Tried before the Hon. Henry D. Clayton. This action.was brought by Benjamin E. Pearson, against Columbus A. Rose, and was commenced on the 3d April, 1861. The complaint was in the form prescribed by the Code, (p. 552,) “ for the recovery of chattels in specie,” and contained but a single count ;• by which the plaintiff claimed of the defendant twenty-four slaves, whose names were specified, “ together with the value of the hire or use…
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Appeal from the Circuit Court of Henry. Tried before the Hon. Henry D. Clayton. This action.was brought by Benjamin E. Pearson, against Columbus A. Rose, and was commenced on the 3d April, 1861. The complaint was in the form prescribed by the Code, (p. 552,) “ for the recovery of chattels in specie,” and contained but a single count ;• by which the plaintiff claimed of the defendant twenty-four slaves, whose names were specified, “ together with the value of the hire or use thereof during their detention, to-wit, from the 2d day of April, 1861.” On the day the summons and complaint were…
1Opinion of the CourtA. J. Walker, C. J.
This is an action to recover personal property, in the form prescribed by the Code, and is analogous to the common-law action of detinue. The action was brought on the third day of April, 1861, and had for its object the recovery of slaves. It was tried, and judgment rendered, in October, 1866, after the slaves were emancipated, for the slaves or their value. A reversal is sought, upon the ground, that the court must judicially know that the slaves had ceased to be property before the judgment, and that the termination by legal authority, of property pendente lite, deprived the plaintiff of a…
2Cases cited8 opinions
- Bryan v. BryanSupreme Court of Alabama · 1859
- Miller v. Jones' Adm'rSupreme Court of Alabama · 1856
- Bell v. PharrSupreme Court of Alabama · 1845
- Cole v. ConollySupreme Court of Alabama · 1849
- Haynes v. CrutchfieldSupreme Court of Alabama · 1844
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3Cited by5 opinions
- Gwin v. Emerald Co.Supreme Court of Alabama · 1918
- Jones v. AndersonSupreme Court of Alabama · 1884
- Jones v. PullenSupreme Court of Alabama · 1880
- Boswell v. LewisSupreme Court of Alabama · 1933
- Wilkerson v. McDougalSupreme Court of Alabama · 1872