Derrett v. Alexander
Supreme Court of Alabama
Appeal from tbe Circuit Court of Randolph. Tried before tbe Hon. Robert Dougherty. Trial op the right op property in a mare, between James E. Alexander, plaintiff in attachment, and William Derrett, claimant.
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Appeal from tbe Circuit Court of Randolph. Tried before tbe Hon. Robert Dougherty. Trial op the right op property in a mare, between James E. Alexander, plaintiff in attachment, and William Derrett, claimant. Tbe bill of exceptions states, that “ it was shown on the trial that the plaintiff had sued out two attachments against one John Derrett, both returnable before a justice of the peace ; that both attachments were levied on the mare now in controversy, and a claim interposed in each case by William Derrett; that a trial of the right of property was had in each case before the justice, and…
1Opinion of the Court
GOLDTHWAITE, J. —
Whatever a party in the possession of property says, which tends to explain the act or character of his possession, is admissible as original evidence, being considered part of the res gestee. — Beal v. Ledlow, 14 Ala. 527. Here the person in possession of the mare says, at the time the levy is made, that she was brought to his house by the defendant in attachment; and we must consider the declaration, in view of the circumstances under which it was made, as equivalent to saying that he did not hold the property as his own, but as bailee for the person who placed it in his…
2Cases cited7 opinions
- Rake's Adm'r v. PopeSupreme Court of Alabama · 1844
- Bell v. PharrSupreme Court of Alabama · 1845
- Seamans v. WhiteSupreme Court of Alabama · 1845
- Braley v. ClarkSupreme Court of Alabama · 1853
- Jackson, on the Demise of Taylor v. CullumIndiana Supreme Court · 1829
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Thompson v. City of BirminghamSupreme Court of Alabama · 1928
- Smith v. WertSupreme Court of Alabama · 1879
- Wise v. StateSupreme Court of Alabama · 1922
- Burns v. HowardSupreme Court of Alabama · 1880
- Grayson v. LathamSupreme Court of Alabama · 1887
4 more not listed; retrieve them via the Exa API.