Carr v. Lester
Supreme Court of Alabama
Appear from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by Mrs. Lillie Lester, against Mrs. L. M. Carr, to recover a piano, and was commenced on the 20th September, 1889. Issue was joined on the plea of non detinet, and the case was submitted to the decision of the court without a jury.
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Appear from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by Mrs. Lillie Lester, against Mrs. L. M. Carr, to recover a piano, and was commenced on the 20th September, 1889. Issue was joined on the plea of non detinet, and the case was submitted to the decision of the court without a jury. The plaintiff’s testimony showed that she bought the piano, in 1881, while living in Yazoo City, Mississippi, with her mother, Mrs. M. E. Richards, and “in the latter part of 1881, or early in 1882, starting to travel with her husband, she left it with her mother,…
1Opinion of the CourtSomerville, J.
The statutes provides, that “all loans of personal property, not in writing, vest an absolute estate in the person in possession under such loan, as to purchasers and creditors of such person, after three years from the commencement of such loan, unless within that time the lender commence an action at law, in good faith, for the recovery of the property.” — Code, 1886, § 1818.
In Myers v. Peck, 2 Ala. 648 (1841), and again in Gressett v. Agee, 14 Ala. 354 (1848), it was decided that the word *351“loan,” in this statute, was not to be technically -construed.; that it was not necessary to show that…
2Cases cited4 opinions
- Butler v. JonesSupreme Court of Alabama · 1886
- Myers v. Peek's AdministratorSupreme Court of Alabama · 1841
- Brainard v. McDevittSupreme Court of Alabama · 1852
- Gressett v. AgeeSupreme Court of Alabama · 1848
3Cited by4 opinions
- Hudnall v. PaineSupreme Court of Florida · 1897
- Jones v. SandlinSupreme Court of Alabama · 1920
- Mathis v. ThurmanSupreme Court of Alabama · 1904
- Foster v. CrittendenAlabama Court of Appeals · 1938