McIntosh v. Parker
Supreme Court of Alabama
Appeal from tbe Circuit Court of Coffee. Tried before the Hon. J. M. Carmichael. This action was brought by S. H. Parker and others, sur- • viving partners of the late firm of Garner, Parker & Co., against Alex.
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Appeal from tbe Circuit Court of Coffee. Tried before the Hon. J. M. Carmichael. This action was brought by S. H. Parker and others, sur- • viving partners of the late firm of Garner, Parker & Co., against Alex. McIntosh, to recover a yoke of oxen, thirteen .head of cattle, twenty hogs, and one wagon; and was commenced on the 10th August, 1885. Tbe defendant pleaded non deiinet, and several special pleas .alleging, in substance, tbat the property sued for belonged to the corpus of his wife’s statutory estate, and was in her possession at the commencement of the suit, and that the mortgage…
1Opinion of the CourtSomerville, J.
— An action of detinue may be sustained against a mere trespasser, on proof of a prior possession by the plaintiff. To deny the plaintiff’s right of recovery, in such a case, would be to encourage the commission of torts by allowing tort-feasors to take advantage of their own wrongs. In a case of this kind, the rule ob7 tains, that the defendant can not defeat the action by proving title in a stranger, unless he connects himself with such title, thus showing the better right.
But another rule prevails, where the plaintiff bases his right of recovery, not upon prior possession, but upon the…
2Cases cited7 opinions
- McCurry v. HooperSupreme Court of Alabama · 1848
- Miller v. Jones' AdministratorSupreme Court of Alabama · 1855
- Fambro v. GanttSupreme Court of Alabama · 1847
- Bragg v. Massie's Adm'rSupreme Court of Alabama · 1861
- Foster v. Chamberlain & Co.Supreme Court of Alabama · 1867
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Continental Jewelry Co. v. Pugh Bros.Supreme Court of Alabama · 1910
- Merchants' Nat. Bank of Mobile v. HubbardSupreme Court of Alabama · 1931
- Wood v. FosterSupreme Court of Alabama · 1934
- Hodge v. TuftsSupreme Court of Alabama · 1896
- Willingham v. Wesley Hardware Co.Supreme Court of Alabama · 1933
6 more not listed; retrieve them via the Exa API.