Huddleston v. Huey
Supreme Court of Alabama
Ari’EAL from Macon Circuit Court. Tried before Hon. Jamks E. Cobb. This was an action of detinue, brought by Iiney against Huddleston for the recovery of a mule, and was tried on issue joined on the plea of the general issue, the trial resulting in a verdict and judgment for the plaintiff.
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Ari’EAL from Macon Circuit Court. Tried before Hon. Jamks E. Cobb. This was an action of detinue, brought by Iiney against Huddleston for the recovery of a mule, and was tried on issue joined on the plea of the general issue, the trial resulting in a verdict and judgment for the plaintiff. It appears from the bill of exceptions, that one Porter died intestate owning, and in possession of the mule, and leaving no debts, and no administration had been granted on his estate; that at the time of his death his widow took charge of the mule, all the heirs, who were of age, having agreed that she…
1Opinion of the CourtSomeryille, J.
— While the general rule prevails, that no plaintiff can maintain an action of detinue, unless he possesses, at the commencement of the action, a general or special property in the chattels sought to be recovered, it is not of universal application. The rule is otherwise, where a mere wrongdoer is concerned. He is not permitted to question the title o'f one who is in the actual possession and custody of the goods, whose possession he has wrongfully invaded as a trespasser. Hence, the rule obtains, that “the naked possession of goods, with claim of right, is sufficient evidence of title…
2Cases cited5 opinions
- Vanderveer v. AlstonSupreme Court of Alabama · 1849
- Miller v. Jones' AdministratorSupreme Court of Alabama · 1855
- Gafford v. StearnsSupreme Court of Alabama · 1874
- Folmar & Sons v. Copeland & BrantleySupreme Court of Alabama · 1877
- Kelly's Adm'r v. Kelly's DistributeesSupreme Court of Alabama · 1846
3Cited by11 opinions
- Hicks v. MeadowsSupreme Court of Alabama · 1915
- Adams v. Queen Insurance Company of AmericaSupreme Court of Alabama · 1956
- Boulden v. Estey Organ Co.Supreme Court of Alabama · 1890
- Wortham v. GurleySupreme Court of Alabama · 1883
- Richards v. MontgomerySupreme Court of Alabama · 1935
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