Arthur v. Gayle
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hon. Nat. Cook. This action was brought by John C. Arthur, Adam B. Arthur, and Martha A. Evans, against Reese D. Gayle; and was' commencéd on the Sth February, 1858. The original complaint contained only a single count in trover, for the conversion of two slaves, Robert and Venus; but the following counts were afterwards added by amendment: “ 2. The plaintiffs claim of the defendant the further sum of five thousand…
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Appeal from the Circuit Court of Dallas. Tried before the Hon. Nat. Cook. This action was brought by John C. Arthur, Adam B. Arthur, and Martha A. Evans, against Reese D. Gayle; and was' commencéd on the Sth February, 1858. The original complaint contained only a single count in trover, for the conversion of two slaves, Robert and Venus; but the following counts were afterwards added by amendment: “ 2. The plaintiffs claim of the defendant the further sum of five thousand dollars damages, for that on the-day of-, 18 — , and before the death of Mrs. Mary H. C. Arthur, who departed this life…
1Opinion of the CourtR. W. Walker, J.
1. The question..presented by the demurrers to the second and third .counts of the complaint is, whether an action is maintainable by one tenant in .córner mon of a remainder in slaves, against his co-tenant, on the ground that the latter, during.the existence of the particular estate, obtains possession of the slaves, and sells and conveys them as absolutely his own. If such, a sale, were made after, instead of before tbe termination of tbe particular estate, it is clear, both upon .principle and authority, that it would be a conversion, for which tbe co-tenant could *265maintain-trover. — Welch…
2Cases cited15 opinions
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- Hyde v. StoneNew York Supreme Court · 1831
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- Winn v. PattersonSupreme Court of the United States · 1835
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3Cited by7 opinions
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