Tanneyhill v. Bennett
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Detinue and conversion by John Tanneyhill against J. G. Bennett. Judgment for plaintiff, and defendant appeals. The action was to recover for the conversion of,oi o recover the property in one large white sow and her seven shoats.
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Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Detinue and conversion by John Tanneyhill against J. G. Bennett. Judgment for plaintiff, and defendant appeals. The action was to recover for the conversion of,oi o recover the property in one large white sow and her seven shoats. There seems to he no dispute but that the hogs belonged originally to Tanneyhill, but that the hogs were taken up by Bennett, who went before one Griffith, the justice of the peace, and made complaint that the hogs were trespassing on his land and that the owner was unknown. The animal was described…
1Opinion of the CourtMerritt, J.
The appellant brought a suit to recover of the appellee “one large white sow, with one black spot on one hip.” There was no denial of the original ownership of the appellant, but the appellee claimed the property through an impounding under Local Acts 1900-01, p. 2259, “to prevent hogs from running at large in Jefferson county, Alabama.”
[1] It appears to have been an unvarying rule that, in respect to suits of this character, when title to property is claimed through an impounding where' stock run at large, in a stock law district which prohibits the same, that the burden is on him who claims…
2Cases cited3 opinions
- McCrossin v. DavisSupreme Court of Alabama · 1892
- Ryall v. EppsSupreme Court of Alabama · 1898
- Ryall v. SmithSupreme Court of Alabama · 1902