W. T. Martin's Administrators v. Hudson

PRICE, Judge.

Plaintiff was involved in an accident with an automobile in which Earl Martin and Reid Martin were riding. On February 26, 1951, she sued out an attachment against said parties as non-residents of Alabama, which was levied on a Ford automobile as the property of defendants. Affidavit and claim bond was filed by claimant, based upon a “Just title” to the property levied on. During the trial of the issues thus made, claimant was properly permitted to amend his claim by filing an affidavit setting forth that his claim was based on a mortgage. Witherington v. Gainer, 149 Ala. 655, 43…