Wilkinson v. Searcy
Supreme Court of Alabama
Appeal from the Circuit Court of Butler. Tried before the TIon. Jno. P. Hubbard. This action was brought by J. A. Searcy, against W. W. Wilkinson. The complaint contained a single count, which claimed $150 as “ damages for wrongfully taking the following goods and chattels, the property of the plaintiff, viz., fifteen bushels of corn in the ear.”
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Appeal from the Circuit Court of Butler. Tried before the TIon. Jno. P. Hubbard. This action was brought by J. A. Searcy, against W. W. Wilkinson. The complaint contained a single count, which claimed $150 as “ damages for wrongfully taking the following goods and chattels, the property of the plaintiff, viz., fifteen bushels of corn in the ear.” The defendant pleaded not guilty, and a special plea which averred that the corn was conveyed by a mortgage'executed to him by one Simon G-olson, and was taken by him, with the consent of said Golson, under and by virtue of said mortgage, after the…
1Opinion of the Court
STONE, O. J.
— It is very true that possession is prima faeie evidence of the ownership of property. Such is the presumption, when one is found in possession of property. So, if one be sued for property, and the plaintiff proves prior possession, antedating that of defendant, accompanied with customary acts of ownership, this authorizes a recovery by the plaintiff, in the absence of countervailing proof. — 1 Brick. Dig. 572, §§ 10, 11; Hare v. Fuller, 7 Ala. 717 ; Nelson v. Bondurant, 26 Ala. 341; Tarry v. Brown, 34 Ala. 159. So, title, with a right to the immediate possession, will maintain…
2Cases cited6 opinions
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Lienkauf & Strauss v. MorrisSupreme Court of Alabama · 1880
- Hare v. FullerSupreme Court of Alabama · 1845
- Barbour County v. HornSupreme Court of Alabama · 1872
- Nelson v. BondurantSupreme Court of Alabama · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by69 opinions
- Fidelity-Phenix Fire Ins. Co. v. MurphySupreme Court of Alabama · 1933
- Ala. Great Southern Railroad v. SellersSupreme Court of Alabama · 1890
- Burruss v. HinesSupreme Court of Virginia · 1897
- Louisville & Nashville Railroad v. WebbSupreme Court of Alabama · 1892
- Wood v. American National BankSupreme Court of Virginia · 1902
64 more not listed; retrieve them via the Exa API.