Legal Opinion

Strickland & Co. v. Lesesne & Ladd

Supreme Court of Alabama

Decided April 22, 1909PublishedCited by 15 opinions

Appeal from Marengo Circuit Court. Heard before Hon. John T. Lackland. Action by E. Strickland & Co-., against Zenus Forney, in which, plaintiffs levied an execution on defendant’s property, to which Lesesne & Ladd filed a claim. From a judgment for the claimants, plaintiffs appeal.

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Appeal from Marengo Circuit Court. Heard before Hon. John T. Lackland. Action by E. Strickland & Co-., against Zenus Forney, in which, plaintiffs levied an execution on defendant’s property, to which Lesesne & Ladd filed a claim. From a judgment for the claimants, plaintiffs appeal. E. Strickland & Co. had judgment in the circuit court of Marengo county against Zenus Forney in the sum of $348, on which an execution issued and was levied upon certain live stock as the property of said defendant. Lesesne & Ladd filed a claim thereto under the statute, and on issue made up between them by the…

1Opinion of the CourtAnderson, J.

This was a trial of the right of property between the plaintiff in execution and the claimants, who set up title as the assignee of the defendant’s landlord. The plaintiff made out a prima- facie case, and it was incumbent upon the claimants to show a better claim or title. There was no proof that Alston, the landlord, ever assigned his lien to- the claimants, unless such can be inferred from the letter written to the claimants. There is no doubt but what an equitable title will support a claim under the statute upon the trial of the right of property. Nor is the assignment of a chose in…

2Cases cited1 opinion

  1. Wells v. CodySupreme Court of Alabama · 1895

3Cited by15 opinions

  1. McDonald v. McDonaldSupreme Court of Alabama · 1926
  2. Russell v. Birmingham Oxygen Service, Inc.Supreme Court of Alabama · 1981
  3. Malone v. NelsonSupreme Court of Alabama · 1936
  4. First Nat. Bank v. MurphreeSupreme Court of Alabama · 1928
  5. Lokey v. WardSupreme Court of Alabama · 1934

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