Mobile Life Insurance v. Teague
Supreme Court of Alabama
Appeal from the Circuit Court of Cleburne. Tried before the Hon. Leroy E. Box. The original action in this case was brought by E. W. Teague against A. Massey, and was commenced by attachment, sued out before a justice of the peace on the 16th December, 1879. The return indorsed on the attachment was in these words: “By virtue of the within attachment, I have attached one grey horse, pointed out by the plaintiff, which horse is in my possession, and upon which I levied an…
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Appeal from the Circuit Court of Cleburne. Tried before the Hon. Leroy E. Box. The original action in this case was brought by E. W. Teague against A. Massey, and was commenced by attachment, sued out before a justice of the peace on the 16th December, 1879. The return indorsed on the attachment was in these words: “By virtue of the within attachment, I have attached one grey horse, pointed out by the plaintiff, which horse is in my possession, and upon which I levied an execution in favor of the Mobile Life Insurance Company against said A. Massey ; levied on by me to satisfy said execution…
1Opinion of the CourtSomerville, J.
Where personal property is levied on, by either a writ of attachment or execution, whether issuing from a Circuit Court, a justice’s court, or other court of like jurisdiction, any claimant of such property, who is not a party to the writ, is entitled, under the statute, to become a party to such proceeding, for the purpose of trying the right or title to such property, before there has been a sale of it under the process. Before this can be done, however, he is required to do two things: First, he must make affidavit that he has a just claim to the property levied on; and, secondly, he must…
2Cases cited1 opinion
- Walker v. IveySupreme Court of Alabama · 1883
3Cited by11 opinions
- Hall & Brown Woodworking Machine Co. v. Haley Furniture & Mfg. Co.Supreme Court of Alabama · 1911
- Ballard v. Mayfield, Pitman & Co.Supreme Court of Alabama · 1894
- McDonald v. StephensSupreme Court of Alabama · 1920
- House v. WestSupreme Court of Alabama · 1895
- Porter & Co. v. GodfreyAlabama Court of Appeals · 1915
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