Vinson v. Ardis

• Decision Date: 27 May 1887
• Citation: 81 Ala. 271,2 So. 879
• Parties: VINSON v. ARDIS.
• Court: Alabama Supreme Court

2 So. 879

81 Ala. 271

VINSON v. ARDIS.

Supreme Court of Alabama

May 27, 1887

Appeal from circuit court, Butler county; HUBBARD, Judge.

Statutory action of detinue for recovery of horse.

Syllabus by the Court.

In detinue, or the corresponding statutory action for the recovery of chattels in specie, the plaintiff cannot recover on proof of a mortgage to a partnership of which he is a member.

Gamble & Richardson, for appellant.

Stattings & Wilkinson, contra.

CLOPTON, J.

In the absence of actual possession, either the legal title, or special property accompanied with the right of immediate possession, is essential to maintain detinue, or the substitutional statutory action. The only title on which plaintiff bases a right to recover the horse in controversy is a mortgage executed to the firm of Reid, Vinson & Co. The legal title to partnership assets vests in the partnership; and an individual member has no separate ownership, or exclusive right of possession, to any particular article of the partnership property. In no aspect of the case is the plaintiff, not having actual possession, nor the legal title, entitled to maintain the action. The rulings of the court, if erroneous, which we do not decide, are in such case without injury. Affirmed.