Howell v. Hair
Supreme Court of Alabama
Error to the Circuit Court of Sumter. Before the Hon. Geo. Goldthwaite. This was an actiou of trover by plaintiff, against defendant in error, to recover damages for the conversion of a slave. The facts are set out in a bill of exceptions found in the record. The slave in controversy was once the property of William Drummond, deceased, upon whose estate defendant is administrator, and was left with his wife in Florida, by-said Drummond, upon his removal to this state.
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Error to the Circuit Court of Sumter. Before the Hon. Geo. Goldthwaite. This was an actiou of trover by plaintiff, against defendant in error, to recover damages for the conversion of a slave. The facts are set out in a bill of exceptions found in the record. The slave in controversy was once the property of William Drummond, deceased, upon whose estate defendant is administrator, and was left with his wife in Florida, by-said Drummond, upon his removal to this state. About the year 1832, the slave was taken by fraud, force, or felony, from the possession of Mrs. Drummond, in Florida, and…
1Opinion of the CourtCollier, C. J.
The only question in this case is, whether, if property be taken from the possession of the rightful owner, in Florida, by “fraud, force, or felony,” carried to Georgia, and there purchased by a third person, for a valuable consideration, without notice of the circumstances of the abduction, or the want of title, in the party who removed it, the possession of the vendee, if continued, in the latter state, for a longer period, than the statute of limitations of that state prescribes, as a bar to an action for its recovery, will give *198the vendee a title, on which he may recover the property of…
2Cases cited4 opinions
- McElmoyle Ex Rel. Bailey v. CohenSupreme Court of the United States · 1839
- Goodman v. MunksSupreme Court of Alabama · 1838
- Smith v. Heirs of BondSupreme Court of Alabama · 1845
- Watson v. BrazealSupreme Court of Alabama · 1845
3Cited by19 opinions
- Mewburn's Heirs v. BassSupreme Court of Alabama · 1886
- Eborn v. ZimpelmanTexas Supreme Court · 1877
- Jones v. JonesSupreme Court of Alabama · 1850
- McManus v. WallisTexas Supreme Court · 1880
- Currier v. StudleyMassachusetts Supreme Judicial Court · 1893
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