Stephenson v. Brunson
Supreme Court of Alabama
Appeal from tbe Circuit Court of Crensbaw. Tried before tbe Hon. John P. Hubbard. This action was brought by Henry I). Brunson against Samuel Stephenson, to recover a cow and heifer calf, “with their increase;” was commenced in a justice’s court, on the 10th October 1885, and carried by appeal to the Circuit Court.
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Appeal from tbe Circuit Court of Crensbaw. Tried before tbe Hon. John P. Hubbard. This action was brought by Henry I). Brunson against Samuel Stephenson, to recover a cow and heifer calf, “with their increase;” was commenced in a justice’s court, on the 10th October 1885, and carried by appeal to the Circuit Court. It was shown on the trial, as appears from the bill of exceptions, that the defendant took up the cow and calf as estrays on the 8th January, 1882, made affidavit, and had them regularly posted and appraised; and having paid one half of their appraised value on the 8th January,…
1Opinion of the CourtGlopton, J.
A person who takes up an estray, • and complies with the requirements of the statutes, is constituted a bailee of the animal during the time he is required to keep it, unless sooner claimed by the owner; and is vested with a qualified property in the subject of the bailment, which becomes absolute on the failure of the owner to appear and prove his property therein within the time prescribed. — Code, 1876, §§ 1552-1577; Hudgins v. Glass, 34 Ala. 110. Section 1569 provides: “If the owner of any estray, within one year from the execution of the bond given under section 1558, claims the same, he…
2Cases cited4 opinions
- Lehman v. RobinsonSupreme Court of Alabama · 1877
- McCurry v. HooperSupreme Court of Alabama · 1848
- Brown v. WheelerSupreme Court of Alabama · 1842
- Hudgins v. GlassSupreme Court of Alabama · 1859
3Cited by2 opinions
- McCrossin v. DavisSupreme Court of Alabama · 1892
- Edmondson v. JonesSupreme Court of Alabama · 1920