Spencer v. McDonald
Supreme Court of Arkansas
Appeal from Calhoun Circuit Court. Hon. Tiieodoric F. Sorrells Circuit Judge. No length of possession, although upon a claim of property, will constitute title in the bailee against the bailor, unless there has been a demand and refusal, or some act changing the nature of the possession. Baxter vs. Henson, 13 Ire. 459; 1 Dev. & Bat. 13; Lenox vs. Notrebe et al., Hemp. C. C. R. 255; 2 John.
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Appeal from Calhoun Circuit Court. Hon. Tiieodoric F. Sorrells Circuit Judge. No length of possession, although upon a claim of property, will constitute title in the bailee against the bailor, unless there has been a demand and refusal, or some act changing the nature of the possession. Baxter vs. Henson, 13 Ire. 459; 1 Dev. & Bat. 13; Lenox vs. Notrebe et al., Hemp. C. C. R. 255; 2 John. C. Rep. 30, 269. The possession of the bailee cannot be adverse until the bailment is determined. Hill vs. Hughes, 1 Dev. & Bat. 336; 3 Eng. 109. The statute of 19th December, 1846, could not begin to run…
1Opinion of the Court
Hon. Harris Flanagin, Special Judge,
delivered the opinion of the court.
This was an action of replevin in the cepit and detinel against the defendant as administratrix of Robert J. Raiford, for twelve slaves. The defendant intermarried with John B. McDonald, and the case was ordered to progress in the names of the husband and wife, as administrators de bonis non of the intestate.
The defendants afterwards plead as follows:
First. The defendant did not unlawfully detain; second, the defendant does not unlawfully, detain; third, the defendant did not unlawfully detain at the commencement of this…
2Cases cited9 opinions
- Shelby v. GuySupreme Court of the United States · 1826
- Pryor v. RyburnSupreme Court of Arkansas · 1856
- Sadler v. SadlerSupreme Court of Arkansas · 1856
- Blackburn v. MortonSupreme Court of Arkansas · 1857
- Jackson v. BobSupreme Court of Arkansas · 1857
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