Nolen v. Farrow
Supreme Court of Alabama
Appeal from Tallapoosa Circuit Court. Heard before Hon. S. L. Brewer. Detinue by (t. W. Farrow against John Norrell, in which I. D. Nolen made claim to the property. From a judgment in favor of plaintiff, claimant appeals. Detinue was begun by G. W. Farrow against John Norrell for one bay horse mule.
Read the full summary
Appeal from Tallapoosa Circuit Court. Heard before Hon. S. L. Brewer. Detinue by (t. W. Farrow against John Norrell, in which I. D. Nolen made claim to the property. From a judgment in favor of plaintiff, claimant appeals. Detinue was begun by G. W. Farrow against John Norrell for one bay horse mule. I. D. Nolen came in after the levy of writ, made affidavit and gave claim bond as required by law, and the trial was had on said claim suit, resulting in a judgment for plaintiff, from which judgment this appeal is prosecuted. The facts sufficiently appear in the opinion of the court. The…
1Opinion of the CourtHaralson, J.
Conveyances of personal property to secure debts, or to provide indemnity, are inoperative against creditors and purchasers without notice, until recorded. — Code 1896, § 1009.
*272As to a bona fide purchaser, the rule is, “that the party pleading it must first make satisfactory proof of purchase and payment.” The burden rests upon him who asserts that he is a bona fide purchaser. He need not go further, and prove he made the purchase and payment without notice. If it be desired to avoid the effect of such purchase and payment, it must be met with counter proof that, before the payment, the…
2Cases cited8 opinions
- Craft v. RussellSupreme Court of Alabama · 1880
- Bynum v. GoldSupreme Court of Alabama · 1894
- Ely v. PaceSupreme Court of Alabama · 1903
- Strickland v. HardieSupreme Court of Alabama · 1886
- Pitts v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Manchuria S. S. Co. v. Harry G. G. Donald & Co.Supreme Court of Alabama · 1917
- Heflin v. HeflinSupreme Court of Alabama · 1931
- Isbell-Hallmark Furniture Co. v. SitzSupreme Court of Alabama · 1927
- Copeland v. Tennessee Valley BankSupreme Court of Alabama · 1939
- Latenser v. SchiedSupreme Court of Kansas · 1928