American Trust & Savings Bank v. Turner
Alabama Court of Appeals
Appeal from Circuit Court, Monroe County; Ben D. Turner, Judge. Claim suit by James K. Kyser against the American Trpst & Savings Bank, which sought execution against property of P. W. Turner, its judgment debtor. Judgment for claimant, and plaintiff bank appeals. Claim suit instituted by the appellee to try the rights of property. From a judgment for the claimant, plaintiff appeals.
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Appeal from Circuit Court, Monroe County; Ben D. Turner, Judge. Claim suit by James K. Kyser against the American Trpst & Savings Bank, which sought execution against property of P. W. Turner, its judgment debtor. Judgment for claimant, and plaintiff bank appeals. Claim suit instituted by the appellee to try the rights of property. From a judgment for the claimant, plaintiff appeals. On December 29, 1915, one P. W. Turner, who was a judgment debtor of the American Trust & Savings Bank, against whom a judgment had been rendered and regularly recorded, purchased from one Paul Crawford a…
1Opinion of the CourtSamford, J.
There are two questions presented by this record for review:
First. Is the claimant entitled to be subrogated to the rights of Crawford in the automobile?
Second. If so, is the affidavit of the claimant propounding his claim broad enough to meet the requirements of the statute?
The second question will be dealt with first.
[1] Before there can be subrogation, there must, of course, be an obligation; but the retention of title by the seller in a note given for the purchase money of personal property does not prevent the enforcement of the obligation to pay the entire purchase price, and the…
2Cases cited9 opinions
- Bingham v. VandegriftSupreme Court of Alabama · 1890
- Warren v. LiddellSupreme Court of Alabama · 1895
- New England Mortgage Security Co. v. FrySupreme Court of Alabama · 1904
- Bell v. BellSupreme Court of Alabama · 1911
- Tanner & Delaney Engine Co. v. HallSupreme Court of Alabama · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Cooper. v. StateAlabama Court of Appeals · 1966
- Crutchfield v. Johnson & LatimerSupreme Court of Alabama · 1942
- Mutual Savings Life Ins. Co. v. MontgomerySupreme Court of Alabama · 1977
- Central Trust Co. v. Calumet Co.Appellate Court of Illinois · 1931
- Rea v. KellerSupreme Court of Alabama · 1927