Littleton v. Abernathy
Supreme Court of Alabama
Appeal from Lamar Circuit Court. Heard before Hon. Bernard Harwood. E. E. Abernathy had judgment against W. J. Wright, and had execution thereon levied on certain crops as the property of said Wright, whereupon L. D. Littleton interposed a claim to the property under and by virtue of title conveyed by a chattel mortgage. From a judgment for the execution creditor, claimant appeals. Transferred from the Court of Appeals under act creating same.
1Opinion of the Court
SAYRE, J.(1) Trial of the right of property under section 6039 of the Code. The subject of controversy was some corn and cotton seed. Plaintiff (appellee) was a judgment cred*66itor of W. J. Wright, and her execution was levied November 22, 1912. Appellant interposed his claim, relying upon a mortgage from Wright dated January 21, 1911, and recorded two days later. This mortgage conveyed “all of my crops of corn, cotton, and all other produce I may raise, or cause to be raised, or that may accrue to me in any legal manner during the year 1911, and every year thereafter until this debt is fully…
2Cases cited3 opinions
- Windham & Co. v. Stephenson & AlexanderSupreme Court of Alabama · 1908
- Paden & Co. v. Bellenger & RallsSupreme Court of Alabama · 1888
- J. H. Anders Mercantile Co. v. Rice Bros.Supreme Court of Alabama · 1914
3Cited by3 opinions
- Vinson Bros. v. FinlaySupreme Court of Alabama · 1921
- Windham v. WilsonSupreme Court of Alabama · 1923
- Kilgore v. JonesAlabama Court of Appeals · 1917