Henderson v. Felts
Supreme Court of Alabama
Appeal from the Circuit Court of Macon. Tried before the Hon. James E. Cobb. This was an action of detinue brought by W. W. Felts, administrator of the estate of one Boston Swanson, against Lemuel Henderson, appellant, on the 26tb of September, 1876. The defendant pleaded tbe general issue in short by consent.
Read the full summary
Appeal from the Circuit Court of Macon. Tried before the Hon. James E. Cobb. This was an action of detinue brought by W. W. Felts, administrator of the estate of one Boston Swanson, against Lemuel Henderson, appellant, on the 26tb of September, 1876. The defendant pleaded tbe general issue in short by consent. On the trial, the plaintiff introduced in evidence the papers and record of a suit in detinue, instituted by the defendant Henderson, against the plaintiffs intestate, — the said Swanson — for the property sued for in this action, by which it appeared that said last .named suit was…
1Opinion of the CourtStone, J.
1. Tbe gist of the action of detinue is tbe wrongful detainer, and not tbe original taking. — 1 Saund. PI. & Ev. 436.
2. It is said that to maintain tbe action, it must be shown tbe defendant, at tbe time the suit was sued out, bad tbe actual possession, or tbe controlling power over tbe property. Walker v. Flinn, 20 Ala. 192. Tbe reason given why it is required that tbe defendant in such action must have the possession, or power of control, at tbe time of demand or suit brought, is that be may surrender tbe possession, if be elects to do so. If out of possession by himself or bailee, be can…
2Cases cited2 opinions
- McArthur v. Carrie's Adm'rSupreme Court of Alabama · 1858
- Walker v. FennerSupreme Court of Alabama · 1852
3Cited by9 opinions
- Nelson v. HowisonSupreme Court of Alabama · 1898
- Minge v. ClarkSupreme Court of Alabama · 1915
- Boozer v. JonesSupreme Court of Alabama · 1910
- Hollimon v. McGregorSupreme Court of Alabama · 1932
- Behr v. GersonSupreme Court of Alabama · 1891
4 more not listed; retrieve them via the Exa API.