Duncan v. Ashcraft
Supreme Court of Alabama
Appeal from the Circuit Court of Tallapoosa. ■Tried before the Hon. N. I). Denson. This suit was by C. W. Ashcraft as administrator, etc., of Merrit Street against E. P\ Duncan to .try the right of property. A judgment in the circuit court had been rendered in favor of Ashcraft, Adm’r, etc., against J. F. Freeman.
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Appeal from the Circuit Court of Tallapoosa. ■Tried before the Hon. N. I). Denson. This suit was by C. W. Ashcraft as administrator, etc., of Merrit Street against E. P\ Duncan to .try the right of property. A judgment in the circuit court had been rendered in favor of Ashcraft, Adm’r, etc., against J. F. Freeman. This judgment was recorded in the office of the probate judge but the certificate of the clerk of the circuit court which went on the register did not shoAv the name of the owner of the judgment as required by the statute. Execution issued on the judgment and was levied on a mule as…
1Opinion of the CourtDowdell, J.
— The sole question in this case, is whether the plaintiff in the court below had a lien under his recorded judgment, and this depends upon the construction given the act of Feb. 28, 1887, as amended Feb. 26, 1889, Session Acts 1888-9, p. 60, and Avhich is incorporated in the Code of 1896 as sections 1920-1-2-3.
Section 1 of said act reads as follows: “Be it enacted by the General Assembly of Alabama, That the plain*554tiff or owner of any judgment or decree rendered by any court of record for the payment of money,'may file in the office of the judge of probate of any county in this State, a…
2Cases cited10 opinions
- Chandler v. HannaSupreme Court of Alabama · 1882
- Enslen v. WheelerSupreme Court of Alabama · 1893
- Evans v. EnglishSupreme Court of Alabama · 1878
- Tison & Gordon v. People's Saving & Loan Ass'nSupreme Court of Alabama · 1876
- McLester v. Somerville & McEachinSupreme Court of Alabama · 1875
5 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Manchuria S. S. Co. v. Harry G. G. Donald & Co.Supreme Court of Alabama · 1917
- Cocciola v. Wood-Dickerson Supply Co.Supreme Court of Alabama · 1902
- Morris v. WaldropSupreme Court of Alabama · 1925
- Gilbert v. Talladega Hardware Co.Supreme Court of Alabama · 1915
- Conn v. SellersSupreme Court of Alabama · 1917
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