Hair v. Little
Supreme Court of Alabama
Appeal from the Circuit Court of Sumter. Tried before the Hon. Geo. D. Shoetbidge. This action was brought by Gray Little and Patrick S. -Cromwell, the appellees, against James Hair and Sterling H. Jones, “to recover damages for breaking and entering the plaintiffs’ close, and carrying off sundry slaves, mules, and wagons, the property of plaintiffs.”
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Appeal from the Circuit Court of Sumter. Tried before the Hon. Geo. D. Shoetbidge. This action was brought by Gray Little and Patrick S. -Cromwell, the appellees, against James Hair and Sterling H. Jones, “to recover damages for breaking and entering the plaintiffs’ close, and carrying off sundry slaves, mules, and wagons, the property of plaintiffs.” The defendants pleaded, jointly and severally, in short by consent, not guilty, with leave to give in evidence any special matter of defence. All the evidence in the case is set out in the bill of exceptions; but it is only necessary to notice…
1Opinion of the CourtChilton, C. J.
The law-which must govern this case is simple and easy of application. Both parties claim under a purchase from Blake Little, — Hair, by bill of sale, dated 26 th May, 1848; and the plaintiffs below, by conveyance, dated the 29th of the same month. Each party insists that the purchase of the other is fraudulent and void. Hair, having the possession, and being the defendant, was entitled to hold the slaves, unless the plaintiffs below could show a right to the property. The plaintiffs in this, as in all cases, to maintain their action, must show a right to recover. Until this is done, the…
2Cases cited3 opinions
- Layman v. HendrixSupreme Court of Alabama · 1840
- Parker v. MiseSupreme Court of Alabama · 1855
- Hudson v. CrowSupreme Court of Alabama · 1855
3Cited by31 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- Gunder v. TibbitsIndiana Supreme Court · 1899
- Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1881
- People v. ConboyCalifornia Court of Appeal · 1910
- Reeves v. StateSupreme Court of Alabama · 1953
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