Legal Opinion

Vinson v. Ardis

Supreme Court of Alabama

Decided December 15, 1886PublishedCited by 3 opinions

Appeal from the Circuit Court of Butler. Tried before the Hon. John P. Hubbard,

1Opinion of the CourtClopton, J.

— In the absence of actual possession, either the legal title, or special property accompanied with the right of immediate possession, is essential to maintain detinue, or the substitutional statutory action. The only title on which plaintiff bases a right to recover the horse *272in controversy, is a mortgage executed to the firm of Reid, Yinson & Co. The legal title to partnership assets vests in the partnership; and an individual member has no separate ownership, or exclusive right of possession, to any particular article of the partnership property. In no aspect of the case is the plaintiff,…

2Cited by3 opinions

  1. Bolton v. CuthbertSupreme Court of Alabama · 1902
  2. Sloan v. WilsonSupreme Court of Alabama · 1897
  3. Thomason v. Silvey & Co.Supreme Court of Alabama · 1898

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