Barrow v. Brent
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; John H. Miller, Judge. Detinue by Judge Barrow against D. S. Brent. Judgment for defendant, and from a denial of a new trial, plaintiff appeals. Transferred from the Court of Appeals under section 6, p. 449, Acts 1911. Plaintiff, appellant here, brought suit in detinue against the appellee (defendant) for “one red sandy sow about three years old.”
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Appeal from Circuit Court, Jefferson County; John H. Miller, Judge. Detinue by Judge Barrow against D. S. Brent. Judgment for defendant, and from a denial of a new trial, plaintiff appeals. Transferred from the Court of Appeals under section 6, p. 449, Acts 1911. Plaintiff, appellant here, brought suit in detinue against the appellee (defendant) for “one red sandy sow about three years old.” The cause was tried before the court without a jury, resulting in a judgment for the defendant. Plaintiff’s motion for a new trial, on the ground that the judgment was contrary to the evidence and was…
1Opinion of the CourtGardner, J.
As we understand the evidence for the plaintiff, he was vested with a one-half interest in the hog- — the subject-matter of this suit — and under the special arrangement had with his brother, who originally owned the hog, he was to have the-care and custody of the same.
[1, 2] it is first insisted on the part of appellee that, should it be conceded that the plaintiff owned a one-half interest in the hog, no recovery could be had, for the reason a tenant in common cannot maintain a suit in detinue for his interest in property against the cotenant—citing Smith & Co. v. Rice, 56 Ala. 417.
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2Cases cited7 opinions
- Smith & Co. v. RiceSupreme Court of Alabama · 1876
- Travelers' Ins. Co. v. LazenbyAlabama Court of Appeals · 1918
- J. E. Butler & Co. v. A. G. Henry & Co.Supreme Court of Alabama · 1918
- Smith v. 49 & 56 Quartz Mining Co.California Supreme Court · 1859
- Bennett & Co. v. BrooksSupreme Court of Alabama · 1906
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3Cited by7 opinions
- Moore v. LongSupreme Court of Alabama · 1947
- Hyatt v. ReynoldsSupreme Court of Alabama · 1944
- First National Bank of Mobile v. PopeSupreme Court of Alabama · 1959
- McRae v. BandySupreme Court of Alabama · 1959
- Hooper v. BrittAlabama Court of Appeals · 1951
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