Hopper v. Steele
Supreme Court of Alabama
' Error to the Circuit Court of Lowndes. Tried before the Hon. Nathan Cook. The plaintiff in error, as administrator delonis non, with the will annexéd, of Richard S. Hickman, deceased, brought his action of detinue against the defendant in error, to recover the possession of a certain slave.
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' Error to the Circuit Court of Lowndes. Tried before the Hon. Nathan Cook. The plaintiff in error, as administrator delonis non, with the will annexéd, of Richard S. Hickman, deceased, brought his action of detinue against the defendant in error, to recover the possession of a certain slave. The facts appear in the opinion of the court. 1. The statute of limitations never begins to run until there is some person in existence authorised to sue — (see Johnson, adm’r, v. Wren, 3 Stew. 172) — nór until a right ^of action accrues. — See Neal v. Cunningham, 2 Port. 171; Tborington v. Lucas, 7 Ala.…
1Opinion of the CourtChilton, J.
The testator died in the year 1-827, his wife qualifying, as his executrix. She married John Davidson in 182S, who sold Hannah, one. of. the slaves belonging to said-estate, to John Steele at private sale. John Steele immediately took possession of said slave, and afterwards, in-1830 or 1-831. sold said;slave. to the defendant. The: negro-sued for is the child of said* Hannah and has. been in the defendant’s possession since the.year 1830, and-, we are left to infer,..was born of Hannah since her sale by. Davidson to John Steele. The will of Hickman did not authorise a private sale, nor was…
2Cases cited6 opinions
- William C. S. Ventress, Executors of Lovic Ventress, Deceased, in Error v. Neal Smith, Administrator of John Clark, DeceasedSupreme Court of the United States · 1836
- Fambro v. GanttSupreme Court of Alabama · 1847
- Swink's Adm'r v. SnodgrassSupreme Court of Alabama · 1850
- Wier v. DavisSupreme Court of Alabama · 1842
- Pistole v. StreetSupreme Court of Alabama · 1837
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3Cited by10 opinions
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- Harris v. ParkerSupreme Court of Alabama · 1868
- Lawson's Adm'r v. Lay'sSupreme Court of Alabama · 1854
- Frank v. ThompsonSupreme Court of Alabama · 1894
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