Hensley v. Orendorff
Supreme Court of Alabama
Detinue. Appear from Morgan Circuit. Heard before Hon. D. W. Speaks. Detinne by James W. Hensley against I. Walton. The defendant, Walton, ipte'rpleaded suggesting Eliza A. Orendorff and others as claimants to the property sued for. There was judgment for claimant and plaintiff appeals.
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Detinue. Appear from Morgan Circuit. Heard before Hon. D. W. Speaks. Detinne by James W. Hensley against I. Walton. The defendant, Walton, ipte'rpleaded suggesting Eliza A. Orendorff and others as claimants to the property sued for. There was judgment for claimant and plaintiff appeals. Before persons can question a right of others in respect to a certain subject matter they must have a legal interest therein themselves. — Fletias v. City of New Orleans, 24 South. 623; Horn v. Volcano Water W. Go., 73 Am. Dec. 569; Dennis v. Spencer, 38 Am. St. Rep. 499. If the property was held by the Lacón…
1Opinion of the CourtTyson, J.
This action is detinue for the recovery of personal property, namely, one Monarch brick machine, and was brought against I. Walton. Walton in-terpleaded under the statute, making the required affidavit. Section 2634 of the Code of 1896. The claimants suggested by him appeared, made themselves parties defendant, and after much pleading which was wholly unnecessary, based upon a misconception of the proper procedure in this character of cases, there was a verdict and judgment for the claimants.
The trial court, as shown by the record, treated the claimants, who became by their interposition…
2Cases cited6 opinions
- Bell v. PharrSupreme Court of Alabama · 1845
- Wittick's Adm'r v. KeifferSupreme Court of Alabama · 1857
- Merchants National Bank v. BalesSupreme Court of Alabama · 1906
- Greene v. LewisSupreme Court of Alabama · 1887
- Gerson & Sons v. NormanSupreme Court of Alabama · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Gwin v. Emerald Co.Supreme Court of Alabama · 1918
- Butler-Kyser Manufacturing Co. v. Central of Georgia Ry. Co.Supreme Court of Alabama · 1914
- Southern Ry. Co. v. BaileySupreme Court of Alabama · 1929
- Howell v. Home National BankSupreme Court of Alabama · 1915
- Porter & Co. v. GodfreyAlabama Court of Appeals · 1915