Cook v. Patterson
Supreme Court of Alabama
Appeal from the Circuit Court of Tallapoosa. Tried before the Hon. Robert Douohertv. This action was brought by John L. Patterson, against Kenton Cook, to recover damages for the conversion of a mule; and was commenced on the 11th December, 1856. On the trial, as the bill of exceptions states, “ the plaintiff introduced as a witness-Patterson, his brother, who testified, that the mule sued for belonged to the estate of their mother, who died in 1855, intestate; that said…
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Appeal from the Circuit Court of Tallapoosa. Tried before the Hon. Robert Douohertv. This action was brought by John L. Patterson, against Kenton Cook, to recover damages for the conversion of a mule; and was commenced on the 11th December, 1856. On the trial, as the bill of exceptions states, “ the plaintiff introduced as a witness-Patterson, his brother, who testified, that the mule sued for belonged to the estate of their mother, who died in 1855, intestate; that said mule was in her possession at the time of her death; that no administration had been granted ■ on her estate; that her…
1Opinion of the CourtStone, J.
This was a suit by Patterson as an individual. The result of this suit, one way or the other, could not determine or affect the right of Mrs. Patterson’s estate in the property. Nor could the verdict and judgment in this suit be evidence for-Patterson, the witness, in another suit, in the sense in which that language is employed in section 2802 of the Code. — See Harris v. Plant, 31 Ala. 639; Rupert v. Elston, at the present term.
[2.] The point made on the charges given and refused, relates to the sufficiency of plaintiff’s title to maintain trover. Prior actual possession, although there may…
2Cases cited6 opinions
- Harris v. Plant & Co.Supreme Court of Alabama · 1858
- Miller v. Jones' AdministratorSupreme Court of Alabama · 1855
- Lowremore v. BerrySupreme Court of Alabama · 1851
- Hare v. FullerSupreme Court of Alabama · 1845
- Reese v. HarrisSupreme Court of Alabama · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Omaha & Grant Smelting & Refining Co. v. TaborSupreme Court of Colorado · 1889
- Birmingham Southern R. Co. v. GoodwynSupreme Court of Alabama · 1919
- Alabama Great Southern Railroad v. JonesSupreme Court of Alabama · 1882
- Adams v. Queen Insurance Company of AmericaSupreme Court of Alabama · 1956
- Blackman v. Lehman, Durr & Co.Supreme Court of Alabama · 1879
8 more not listed; retrieve them via the Exa API.