Darling v. Bryant
Supreme Court of Alabama
Error to the County-'Court of Montgomery. Tried before the Hon. Adam C. Felder. This was an action of detinue by the defendants against the plaintiff in error to recover eighty-four pieces of marble, &c.
Read the full summary
Error to the County-'Court of Montgomery. Tried before the Hon. Adam C. Felder. This was an action of detinue by the defendants against the plaintiff in error to recover eighty-four pieces of marble, &c. It appears that the marble in question, weighing some thirty-five or forty ton's, was freighted on the steam-boat Creole from Mobile to Montgomery, and consigned to the defendant, Darling; that the defendant removed the marble from the wharf at Montgomery, where it had been taken from the boat and deposited, without paying the freight, and without the consent of the owners of the boat or…
1Opinion of the CourtChil'Ton, J.
The proof made by the witness Mayhew of the declarations of Bryant, who was in possession of the boat at the time such declarations were made, was properly admitted the court.- It is a principle of law not any where disputed, that tlie declarations of a tenant in possession either of real or personal property, explanatory of his possession, showing that he bolds in his own right, or in subordination to the title of another, constitute part of the res gestee, andaré properly allowable as evidence. This principle is not denied by the counsel for the plaintiff in error; but they insist that the…
2Cases cited5 opinions
- Abney v. Kingsland & Co.Supreme Court of Alabama · 1846
- Bliss v. WinstonSupreme Court of Alabama · 1840
- Cunningham v. Alabama Life Insurance & Trust Co.Supreme Court of Alabama · 1843
- Beall v. LedlowSupreme Court of Alabama · 1848
- Webster v. SmithSupreme Court of Alabama · 1846
3Cited by2 opinions
- Upson v. RaifordSupreme Court of Alabama · 1856
- Brice v. LideSupreme Court of Alabama · 1857