Gafford v. Stearns
Supreme Court of Alabama
Appeal from the Circuit Court of Butler. Tried before the Hon. P. O. Harper. This action was brought by John D. Stearns against Jere. D. Gafford, and was commenced on the 14tb November, 1870. The only plea was the general issue, “ in short by consent, with leave to give in evidence any matter that might be specially pleaded; ” and the cause was tried on issue joined on that plea.
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Appeal from the Circuit Court of Butler. Tried before the Hon. P. O. Harper. This action was brought by John D. Stearns against Jere. D. Gafford, and was commenced on the 14tb November, 1870. The only plea was the general issue, “ in short by consent, with leave to give in evidence any matter that might be specially pleaded; ” and the cause was tried on issue joined on that plea. The bale of cotton sued for was raised on land which belonged to the plaintiff, and which he had rented, for the year 1870, to Pearman and Harbinson; and the plaintiff’s testimony conduced to show that it was taken…
1Opinion of the CourtBrickell, J.
The general rule is, that to maintain detinue, the plaintiff must, at the commencement of the action, have a general or special property in the goods sought to be recovered. 1 Chitty’s Pl. 121. Possession alone will entitle him to recover against a mere wrong-doer, not showing any right of property in himself. Dozier v. Joyce, 8 Porter, 303; Stoker v. Yerby, 11 Ala. 332; Miller v. Jones, 26 Ala. 247. Possession, and the right of possession, accompanied by a lien for the payment of money advanced, or a debt previously contracted, entitles the plaintiff to maintain the action against any one…
2Cases cited7 opinions
- Wells v. MorrowSupreme Court of Alabama · 1861
- Miller v. Jones' AdministratorSupreme Court of Alabama · 1855
- Morrow v. Turney's Adm'rSupreme Court of Alabama · 1859
- Dozier v. JoyceSupreme Court of Alabama · 1838
- Sims v. BoyntonSupreme Court of Alabama · 1858
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3Cited by25 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- McCaffey C. Co., Inc. v. Bank of AmericaCalifornia Court of Appeal · 1930
- Marks v. Robinson & LedyardSupreme Court of Alabama · 1886
- Jackson, Morris & Co. v. RutherfordSupreme Court of Alabama · 1882
- Bain v. WellsSupreme Court of Alabama · 1894
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