Jones v. Franklin
Supreme Court of Alabama
Appeal from the Circuit Court of Covington. Tried before the Hon. John P. Hubbard. The horse in question was levied on by the sheriff as the property of J. L. Jones,, the defendant in the cause, to satisfy an execution issued upon a judgment obtained by plaintiff, Franklin, against said J. L. Jones.
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Appeal from the Circuit Court of Covington. Tried before the Hon. John P. Hubbard. The horse in question was levied on by the sheriff as the property of J. L. Jones,, the defendant in the cause, to satisfy an execution issued upon a judgment obtained by plaintiff, Franklin, against said J. L. Jones. There was testimony on the trial tending to show that J. L. Jones was in possession of the horse at the time of the levy, and that claimant, F. B. Jones, did not claim to own it then, but that it was at that time the property of Sanford Jones; and that it was not claimed by F. B. Jones to have…
1Opinion of the CourtSomerville, J.
— Our decisions have settled the following rules as applicable to every trial of the right of property in an issue framed under the statute, between the plaintiff in execution or attachment, and the claimant of the property. — Code, 1876, §§ 3343, 3290.(1) . The onus of proof is, in the first instance, on the plaintiff to make out a prima, facie case that the property levied on is the property of the defendant in execution — he being required by the statute to assume the affirmative of this issue. — Code, 1876, §§ 3342, 3343; Jackson v. Bain, 74 Ala. 328.(2) . This onus is discharged…
2Cases cited7 opinions
- Jackson v. BainSupreme Court of Alabama · 1883
- Shahan v. Herzberg, Simpson & Co.Supreme Court of Alabama · 1882
- Elliott v. Stocks & Bro.Supreme Court of Alabama · 1880
- Frow & Ferguson v. DownmanSupreme Court of Alabama · 1847
- Loeb & Brother v. ManassesSupreme Court of Alabama · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Birmingham Loan & Auction Co. v. First National BankSupreme Court of Alabama · 1893
- Wollner & Lowenstein v. Lehman, Durr & Co.Supreme Court of Alabama · 1887
- Ex Parte State Ex Rel. Attorney GeneralSupreme Court of Alabama · 1943
- Eldridge v. GriceSupreme Court of Alabama · 1902
- Apfel v. Crane, Boyleston & Co.Supreme Court of Alabama · 1887
4 more not listed; retrieve them via the Exa API.