Harris v. Hillman
Supreme Court of Alabama
Appeal from the Circuit Court of Franklin. Tried before the Hon. Thomas A. Walkeb. Detinue (under the Code) by John W. Harris against Joseph Hillman, for a slave named Burley; plea, not guilty.
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Appeal from the Circuit Court of Franklin. Tried before the Hon. Thomas A. Walkeb. Detinue (under the Code) by John W. Harris against Joseph Hillman, for a slave named Burley; plea, not guilty. The plaintiff claimed under a deed of trust executed to him, as trustee, by one F. O. H. White, dated March 18, 1844, and duly recorded in Franklin county, to secure a debt due to one Oscar H. Rolf; and the defendant claimed as purchaser at sheriff’s sale, under an execution which was issued on a judgment in favor of Wiley, Banks & Co. against said White, which was rendered in March, 1852. “ The…
1Opinion of the CourtRice, J.
—The well-known boundaries of the actions of detinue and trover, are distinctly marked, and carefully preserved in our Code. A form of complaint is therein laid down for each of these actions. The form for detinue is under the caption, “For the recovery of chattels in specie”, which aptly expresses the peculiar object of that action. The form for trover is under the caption, “ For the conversion of chattels”, which indicates that conversion should continue to be, as it had ever been, the gist of that action. — Code, pp. 552, 554. The judgment in detinue is, that the plaintiff recover the…
2Cases cited1 opinion
- Walker v. FennerSupreme Court of Alabama · 1852
3Cited by6 opinions
- Conner & Johnson v. Allen & ReynoldsSupreme Court of Alabama · 1859
- Mahan v. SmithermanSupreme Court of Alabama · 1882
- Foster v. Chamberlain & Co.Supreme Court of Alabama · 1867
- Reed v. ScottSupreme Court of Alabama · 1857
- Taylor v. PerrySupreme Court of Alabama · 1872
1 more not listed; retrieve them via the Exa API.