Supreme Court of Alabama January 15, 1855 (Fenner v. Kirkman)

GOLBTHWAITE. J.

—We understand the charge requested by the appellant to assert the legal proposition, that if a defendant in detinue is proved to have possession of property belonging to the plaintiff before the commencement of the suit, a recovery can be had, if the property is in existence, although the defendant may without fault have parted with the possession and control before demand made,