Reese v. Harris
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hou. Andrew B. Moore. Detinue by Lucy Reese against Mary M. Harris, for a slave named diaries; pleas, non detinet, and the statute of limitations of six years. All the evidence is set out in the bill of exceptions, but the view here taken of the* case renders it unnecessary to give a detailed statement of it.
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Appeal from the Circuit Court of Dallas. Tried before the Hou. Andrew B. Moore. Detinue by Lucy Reese against Mary M. Harris, for a slave named diaries; pleas, non detinet, and the statute of limitations of six years. All the evidence is set out in the bill of exceptions, but the view here taken of the* case renders it unnecessary to give a detailed statement of it. The material facts are these : Thomas Williams, who was the plaintiff’s father, died in Brunswick county, Virginia, in January,. 1787 ; having’ first made and published his last will and testament, dated December 26, 1786; and…
1Opinion of the CourtKice, J.
To maintain detinue, the plaintiff must have, at the time the action is commenced, a general or special *306property in the specific thing sued for, and the right to the immediate possession thereof. Unless both these rights concur, at the commencement of the suit, the action will not lie. 1 Chitty’s PI. 122.
Where the plaintiff has not had actual possession of the thing sued for, he must resort to proof of his title, in order to show his right of possession. — 3 Starkie’s Ev. 1483. And in such case, it is not sufficient to prove an equitable title. If he has never had possession, he cannot…
2Cases cited1 opinion
- Caruthers v. Mardis' adm'rsSupreme Court of Alabama · 1842
3Cited by18 opinions
- Cooper v. WatsonSupreme Court of Alabama · 1882
- Hicks v. MeadowsSupreme Court of Alabama · 1915
- Jackson, Morris & Co. v. RutherfordSupreme Court of Alabama · 1882
- Alabama State Bank v. BarnesSupreme Court of Alabama · 1886
- Gwin v. Emerald Co.Supreme Court of Alabama · 1918
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