Legal Opinion

Gray v. Crocheron

Supreme Court of Alabama

Decided June 15, 1838PublishedCited by 5 opinions

Error to the Circuit court of Autauga. Trover for a slave, tried before Harris, J. The plaintiff in error brought an action of trover in the Circuit court of Autauga, against the defendant, for the conversion of a slave. The defendant pleaded “ not guilty,” and the case was submitted to the jury.

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Error to the Circuit court of Autauga. Trover for a slave, tried before Harris, J. The plaintiff in error brought an action of trover in the Circuit court of Autauga, against the defendant, for the conversion of a slave. The defendant pleaded “ not guilty,” and the case was submitted to the jury. On the trial, a bill of exceptions was taken by the plaintiff, from which it appeared, to be probable that the slave alleged to have been converted, was sent across the Coosa river with a letter, by the defendant. The slave was the ferryman at that place, and was afterwards missing. His clothes were…

1Opinion of the Court

COLLIER, C.' J.

— In St. John vs. O'Connel, use, &c. (7 Porter’s R. 466,) it was decided, that the wrongful taking or detention of a personal chattel, or other illegal assumption of ownership, or using or misusing of it, were all acts, amounting to a conversion. So, a temporary conversion will make a defendant liable; as, if a person ride the horse, or control the services of another’s' slave, though he afterwards restore them to the owner, the cause of action, which was once perfect,, still remains; and the restoration will only go in mitigation of damar ges.

Taking these rules for our guide,,…

2Cited by5 opinions

  1. Bolling v. Kirby & BrotherSupreme Court of Alabama · 1890
  2. Gilbreath v. JonesSupreme Court of Alabama · 1880
  3. Loeb & Brother v. Flash Bros.Supreme Court of Alabama · 1880
  4. Crosswell v. Lehman, Durr & Co.Supreme Court of Alabama · 1875
  5. Hodges v. WestmorelandSupreme Court of Alabama · 1923

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