Brightman & Co. v. Merriwether
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes, Tried before D. K. Middleton, Esq., as Special Judgé. The facts sufficiently appear in the opinion. There ivas no judgment in this case. — Park vy Lide, 90 AÍa. 246; Baker v. Swift, 87 Ala. 530; Morgan v. Flex-ne-r, 105 Ala. 356. No attention was called in the court below to the failure to assess value of property. — Jordan v. Collins, 107 Ala. 572.
1Opinion of the Court
McCLELLAN, C. J.-
— Trial of right to property which had been levied on at the suit of Meriwether- et al. against Bandy, and claimed by Brightman & Co. under *603a mortgage executed to them by Bandy. The burden was on the plaintiffs to show the levy of a valid execution on the property.—Jackson v. Bain, 74 Ala. 328. This they failed to do. To the contrary it affirmatively appeared by the transcript of the record in the case of Meriweather et al. v. Bandy, the execution upon a supposed judgment in which was levied on this property, that no judgment was ever entered therein. What is claimed to be a…
2Cases cited4 opinions
- Jackson v. BainSupreme Court of Alabama · 1883
- Park v. LideSupreme Court of Alabama · 1890
- Morgan v. Flexner & LichtenSupreme Court of Alabama · 1894
- Baker v. Swift & SonSupreme Court of Alabama · 1888
3Cited by7 opinions
- Wynn v. McCraneySupreme Court of Alabama · 1908
- McLaughlin v. BeyerSupreme Court of Alabama · 1913
- Lockwood v. ThompsonSupreme Court of Alabama · 1916
- McSwean v. StateSupreme Court of Alabama · 1912
- McDonald v. StephensSupreme Court of Alabama · 1920
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