Foy v. Cochran
Supreme Court of Alabama
Appeal from the Circuit Court of Bullock. Tried before the Hon. Jesse M. Carmichael. This action was brought by James E. Foy, against T. J. Maddox, to recover a mule, with damages for its detention; and was commenced on the 5th January, 1888. The defendant disclaimed title in himself, and suggested that Mrs. "Willie P. Cochran, without collusion with him, claimed the mule; and thereupon she appeared, and defended the action.
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Appeal from the Circuit Court of Bullock. Tried before the Hon. Jesse M. Carmichael. This action was brought by James E. Foy, against T. J. Maddox, to recover a mule, with damages for its detention; and was commenced on the 5th January, 1888. The defendant disclaimed title in himself, and suggested that Mrs. "Willie P. Cochran, without collusion with him, claimed the mule; and thereupon she appeared, and defended the action. Code, § 2611. On the trial, as the bill of exceptions shows, the plaintiff claimed the mule under a deed executed to him by Mrs. Cornelia J. Cochran, which conyeyed a…
1Opinion of the CourtStone, C. J.
It is not disputed in this case, and is clearly proved, that at the time Mrs. Cornelia J. Cochran sold and conveyed the mule in controversy to Foy, the plaintiff in this action, Mrs. Willie P. Cochran, the defendant, had the mule in possession, claiming to be the owner thereof,
*355This being the case, no matter what right or title Mrs. Cornelia J. may have held, she could not convey to Foy any right which would maintain this action. A right to sue for property adversely held, can not be the subject of legal transfer.- — Huddleston v. Huey, 73 Ala. 215; 1 Brick. Dig. 52, § 44.
The principle…
2Cases cited1 opinion
- Huddleston v. HueySupreme Court of Alabama · 1882
3Cited by8 opinions
- McCay v. ParksSupreme Court of Alabama · 1918
- Richards v. MontgomerySupreme Court of Alabama · 1935
- Hood v. Com. Germania T. & S. Bank of New OrleansAlabama Court of Appeals · 1914
- Pope & Co. v. Union Warehouse Co.Supreme Court of Alabama · 1915
- Commercial Casualty Ins. Co. v. Isbell Nat. BankSupreme Court of Alabama · 1931
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