Hendon v. McCoy

This ,is a statutory trial of the right of property on which an execution was levied. The court found and adjudged that defendant in execution was the owner of a leasehold interest in it, that such interest was subject to sale under the execution, and ordered it sold for its satisfaction. But the judgment did not assess the value of the property. The law requires that this be done when practicable, and that the failure to do so is error to reversal. Section 10377, Code; Tait v. Murphy, 80 Ala. 440, 2 So. 317; Townsend v. Brooks, 76 Ala. 308.

In the case of Massillon E. & T. Co. v. Arnold, 133…