Hollingsworth v. Case

SIMPSON, Justice (concurring specially with the dissent of LIVINGSTON, C. J.).

The rule, that in order to maintain detinue for the recovery of chattels, the plaintiff must at the commencement of the action have a general or special property in the chattels and must be entitled to immediate possession, does not obtain where the suit is against a mere wrongdoer. In such latter case, prior actual possession alone will authorize a recovery against such wrongdoer not showing any right of property in himself. Barksdale v. Strickland & Hazard, 220 Ala. 86, 124 So. 234; Jones v. Anderson, 76 Ala. 427.

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