Legal Opinion

Sloan v. Wilson

Supreme Court of Alabama

Decided November 15, 1897PublishedCited by 6 opinions

Appeal from the Circuit Court of Tuscaloosa. Tried before the Hon. S. H. Sprott. This was a statutory action of detinue, brought by the appellant, E. F. Sloan, as administrator of the estate of Mrs. T. Sloan, deceased, against the appellee, John Wilson. The facts of the case are sufficiently stated in the opinion. There were verdict and judgment for the defendant.

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Appeal from the Circuit Court of Tuscaloosa. Tried before the Hon. S. H. Sprott. This was a statutory action of detinue, brought by the appellant, E. F. Sloan, as administrator of the estate of Mrs. T. Sloan, deceased, against the appellee, John Wilson. The facts of the case are sufficiently stated in the opinion. There were verdict and judgment for the defendant. The plaintiff appeals, and assigns as error the giving of the general affirmative charge requested by the defendant. Tlie mortgage to plaintiff’s intestate conveyed all the interest which Duncan had in the' partnership, and when…

1Opinion of the CourtHaralson, J.

In the case before us, as it appears by the agreed statement of facts, J. T. Taylor and A.D. Duncan were, on the 30th August, 1893, equal partners *585in the daily business. On that day, Duncan duly executed to Mrs. Sloan, appellant’s intestate,'a'mortgage on his half interest in the partnership property, to secure •a debt of $300.

The plaintiff’s evidence tended to show, that in May or •June, 1894, there was a dissolution by mutual consent, of the partnership between Taylor and Duncan, and the partnership property was divided between them, Duncan receiving as his share, among other things, 24…

2Cases cited9 opinions

  1. Goldsmith v. Eichold Bros. & WeissSupreme Court of Alabama · 1891
  2. Mayer v. ClarkSupreme Court of Alabama · 1866
  3. Reese & Heylin v. BradfordSupreme Court of Alabama · 1848
  4. Farley, Spear & Co. v. MoogSupreme Court of Alabama · 1885
  5. Tait v. MurphySupreme Court of Alabama · 1886

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3Cited by6 opinions

  1. Ellis Jones Drug Co. v. CokerMississippi Supreme Court · 1928
  2. Thomason v. Silvey & Co.Supreme Court of Alabama · 1898
  3. Tuller v. LeavertonSupreme Court of Iowa · 1909
  4. Clapp v. AdamsSupreme Court of Iowa · 1909
  5. Waldrep v. JochumSupreme Court of Alabama · 1976

1 more not listed; retrieve them via the Exa API.

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