Walker v. Ivey
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Hon. John P. TIubbard. This action was brought by Mrs. Theresa J. Walker, the wife of W. TI.
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Appeal from the Circuit Court of Pike. Tried before the Hon. John P. TIubbard. This action was brought by Mrs. Theresa J. Walker, the wife of W. TI. Walker, against James W. Ivey and Solomon Lee, to recover damages for the alleged wrongful taking of “ ten head of hogs,” the property of the plaintiff; and was commenced on the 23d March, 1882. The cause was tried on issue joined on the plea of not guilty, and resulted, under the rulings of the court, in a verdict and judgment for the defendants. On the trial, it was proved that the hogs were seized by the defendant Lee, as constable, under an…
1Opinion of the CourtStone, J.
— 1. If the testimony in the present record be believed, there can be no question that, the plaintiff made out a prima facie case for recovery. Proving that the dam was of the corpus of her statutory separate estate, it followed that the *477offspring was hers. Partus sequitur ventrem.— Gans v. Williams, 62 Ala. 41; Williams v. Auerbach, 57 Ala. 90.
2. When the attachment was levied, both the plaintiff and her husband claimed that the property was hers. The property was carried away by the officer. A few days afterwards, they together visited the magistrate, and repeated to him that the property…
2Cases cited2 opinions
- Gans v. WilliamsSupreme Court of Alabama · 1878
- Williams v. AuerbachSupreme Court of Alabama · 1876
3Cited by9 opinions
- Ballard v. Mayfield, Pitman & Co.Supreme Court of Alabama · 1894
- Mobile Life Insurance v. TeagueSupreme Court of Alabama · 1884
- Smith v. HeinemanSupreme Court of Alabama · 1897
- Butler & Stevens v. Savannah Guano Co.Supreme Court of Alabama · 1898
- Graham v. HughesSupreme Court of Alabama · 1884
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