McCrossin v. Davis
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before Hon.' James B. Head. This was an action of detinue brought by Bob Davis against P. McCrossin to recover a mule. On the trial of the cause, as is shown by the bill of exceptions, the plaintiff testified that the mule which was taken from him on January 13, 1891, and delivered to McCrossin in Birmingham, was the mule he had traded for with one King.
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Appeal from the Circuit Court of Jefferson. Tried before Hon.' James B. Head. This was an action of detinue brought by Bob Davis against P. McCrossin to recover a mule. On the trial of the cause, as is shown by the bill of exceptions, the plaintiff testified that the mule which was taken from him on January 13, 1891, and delivered to McCrossin in Birmingham, was the mule he had traded for with one King. This mule was particularly described; and it was shown that King bought the same mule from Baines, and that Baines bought he mule from Null, and that Null bought said mule from oüe Fox, who…
1Opinion of the CourtColeman, J.
Appellee Davis sued the appellant in detinue to recover a mule. The action was tried by the court under the statute, without the intervention of a jury. The court rendered judgment for the plaintiff. The only error assigned is as to the judgment rendered. We are of the- opinion, that the identity of the mule is sufficiently es*633tablished by tbe evidence. Tbe only material question is whether the estray proceedings sufficiently complied with the statute, to give the purchaser who purchased the mule as an estray, and through whom the defendant derived title, a valid title against the original…
2Cases cited5 opinions
- Dillard v. WebbSupreme Court of Alabama · 1876
- City of Fort Smith v. DodsonSupreme Court of Arkansas · 1888
- Cory v. DennisSupreme Court of Alabama · 1890
- Hudgins v. GlassSupreme Court of Alabama · 1859
- Stephenson v. BrunsonSupreme Court of Alabama · 1887
3Cited by8 opinions
- Ryall v. EppsSupreme Court of Alabama · 1898
- Ryall v. SmithSupreme Court of Alabama · 1902
- Mills v. FortuneNorth Dakota Supreme Court · 1905
- Ratliff v. City of BessemerAlabama Court of Appeals · 1920
- Tanneyhill v. BennettSupreme Court of Alabama · 1920
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