Patton v. Hamner
Supreme Court of Alabama
Appeal from the Circuit Court of Wilcox. Tried before the Hon. C. W. Rapier. Detinue, by Louisa Patton, against George M. Hamner, for a slave named Sarah.
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Appeal from the Circuit Court of Wilcox. Tried before the Hon. C. W. Rapier. Detinue, by Louisa Patton, against George M. Hamner, for a slave named Sarah. The defendant pleaded, 1st, non de-tinet; and, 2d, a special plea which was, in substance, as follows : That on the 5th March, 1850, one Benjamin Patton, who had been and then was the guardian of the personal property belonging to Josiah J. .Stewart and William C. Stewart, two minors, made a final settlement of his guardianship before the probate court of Wilcox, and two judgments were then rendered against him by said court, in favor of…
1Opinion of the CourtRice, C. J.
A verdict and judgment rendered in the spring of 1851, against the claimant of a slave, on the trial of the right of property, do not constitute a bar to a title to *622tbe slave subsequently acquired by the claimant. — McKissick v. McKissick, 6 Humph. Rep. 75.
Where an action of detinue for a slave was commenced in August, 1852, and a declaration was filed in the usual form, a plea thereto is bad, if it shows no more than that title to the slave was in the defendant on a specified day before the commencement of the action — to-wit, on the 7th day of October, 1851. — Wittick v. Traun, 25 Ala. Rep.…
2Cases cited4 opinions
- Simms v. SlacumSupreme Court of the United States · 1806
- Bondurant v. BufordSupreme Court of Alabama · 1840
- Wittick v. TraunSupreme Court of Alabama · 1854
- Hughes v. BarneySupreme Court of Connecticut · 1818
3Cited by6 opinions
- Lancaster v. HillSupreme Court of Georgia · 1911
- Daugherty v. MoonTexas Supreme Court · 1883
- Patton v. HamnerSupreme Court of Alabama · 1858
- Gilbert v. Watts-DeGolyer Co.Appellate Court of Illinois · 1896
- Huett v. NevinsSupreme Court of Alabama · 1951
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