M'Gowen v. Young
Supreme Court of Alabama
This writ of error- was prosecuted to reverse the judgment of the Circuit Court of Tuscaloosa county, rendered in an action of trover. E. Young commenced the suit in said Court oil the 3d of January 1827, against Mary Ann Hill, who since the rendition of the judgment intermarried with M£Gowen, for the conversion by her of four negroes. At March term 1828, a trial was had on the plea of the general issue, and Young obtained a verdict and judgment for $ 1425 damages.
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This writ of error- was prosecuted to reverse the judgment of the Circuit Court of Tuscaloosa county, rendered in an action of trover. E. Young commenced the suit in said Court oil the 3d of January 1827, against Mary Ann Hill, who since the rendition of the judgment intermarried with M£Gowen, for the conversion by her of four negroes. At March term 1828, a trial was had on the plea of the general issue, and Young obtained a verdict and judgment for $ 1425 damages. On the trial, the defendant Mary Ann offered in evidence the record and proceedings of a Chancery cause, then still pending and…
1Opinion of the CourtBy Lipscomb, C. J.
The first order of the Chancellor did not operate on the property in controversy, but simply injoined it from being removed out of the jurisdiction of the Court. If this order had directed the sheriff to take possession of the property, so long as the order had any influence, it would have barred the plaintiff’s suit at law. But the plaintiff was then in the peaceable and rightful posession, and it was only a possible residuary interest, that complainant sought to secure. He then had a right to'sue for the property, at the time the suit was commenced, even if the residuary interest was in the…
2Cited by4 opinions
- C. W. Zimmerman Mfg. Co. v. DunnSupreme Court of Alabama · 1907
- Robertson v. Business Boosters' Country ClubSupreme Court of Alabama · 1923
- Armstrong v. FarrellSupreme Court of Alabama · 1958
- W. Cleve Stokes Co. v. RushtonSupreme Court of Alabama · 1939