Dryer v. Abercrombie
Supreme Court of Alabama
Appeal from the Circuit Court of Macon. Tried before the Hon. James E. Cobb. J. C. Abercrombie, the appellee here, sued out an attachment against one 'W. A. Smith, for rent and advances alleged to be due for the year 1876, and had the same levied on two bales of cotton alleged to have been grown on the rented land during said year.
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Appeal from the Circuit Court of Macon. Tried before the Hon. James E. Cobb. J. C. Abercrombie, the appellee here, sued out an attachment against one 'W. A. Smith, for rent and advances alleged to be due for the year 1876, and had the same levied on two bales of cotton alleged to have been grown on the rented land during said year. Dryer, the appellant, interposed a claim, under the statute, on account of a mortgage executed by said Smith to him on the fourth of March, 1876, and recorded two days thereafter. Said mortgage was made upon the crop to be grown that year to secure the payment of…
1Opinion of the CourtStone, J.
1. The issue in our statutory proceeding, which we denominate a trial of the right of property, is an .averment by plaintiff that the property is subject to the execution [or attachment, as the case may be], and a denial of the truth of that averment by the claimant. On such issue, as a general rule, the inquiry, whether the defendant in execution or attachment is indebted to the plaintiff, is foreign and immaterial. The inquiry usually is,, did the defendant in the execution or attachment, at the time the lien accrued, or the levy was made, own such property in the goods as is ■the subject…
2Cases cited2 opinions
- Tucker v. AdamsSupreme Court of Alabama · 1875
- Pulliam, Wills, Rankin & Co. v. Newberry's AdministratorSupreme Court of Alabama · 1867
3Cited by13 opinions
- Rich v. ThorntonSupreme Court of Alabama · 1881
- Melvin v. ScowleySupreme Court of Alabama · 1925
- Cofer v. ReinschmidtSupreme Court of Alabama · 1898
- DeJarnette v. DreyfusSupreme Court of Alabama · 1909
- Samuel Gans Co. v. TysonSupreme Court of Alabama · 1910
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