Legal Opinion

Tarry v. Brown

Supreme Court of Alabama

Decided January 15, 1859PublishedCited by 3 opinions

Appeal from the Circuit Court of Perry. Tried before the Hon. William S. Mudd. This action was brought by James P. Tarry, against Wilson R. Brown, Thomas D. Cole, and Reuben W. Cole, to recover damages for the defendants’ tortious act in forcibly taking from the plaintiff’s possession several slaves.

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Appeal from the Circuit Court of Perry. Tried before the Hon. William S. Mudd. This action was brought by James P. Tarry, against Wilson R. Brown, Thomas D. Cole, and Reuben W. Cole, to recover damages for the defendants’ tortious act in forcibly taking from the plaintiff’s possession several slaves. The slaves had belonged to the plaintiff’s deceased wife, Mrs. Sarah Tarry, who died in 1855, and bequeathed them to the defendants Thomas D. and Reuben W. Cole, who were her nephews; appointing their co-defendant, Wilson R. Brown, the executor of her last will and testament. No pleas appear in…

1Opinion of the Court

A. J. WALKER, O. J.

“Proof of actual possession by the plaintiff) at the time of the trespass, will, in all cases, suffice to maintain this action (of trespass) against a mere wrongdoer, not being the real owner of the chattel.” — 2 Saunders on Pl. & Ev. 861; Graham v. Peat, 1 East, 244; 2 Saunders’ R. 47 ; Squire v. Hollenbeck, 9 Pick. 561.

The plaintiff was in possession of the property, the asportation of which affords the material ground of complaint in this case. If the defendants had no title, they were mere wrongdoers; and the possession is, of itself, without a title in the plaintiff)…

2Cited by3 opinions

  1. Wilkinson v. SearcySupreme Court of Alabama · 1884
  2. Carter v. FulghamSupreme Court of Alabama · 1901
  3. Griggs v. StateSupreme Court of Alabama · 1877

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