Wells v. Cody
Supreme Court of Alabama
Appeal from the Circuit Court of Henry. Tried before the Hon. M. E. Milligan, Special Judge.. This was a statutory trial of the right of property, which was instituted in the following manner : M. Cody, the appellee, recovered a judgment against one W. J. Smith and another. Upon this judgment an execution was issued and levied upon certain property, as the property of said W. J. Smith.
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Appeal from the Circuit Court of Henry. Tried before the Hon. M. E. Milligan, Special Judge.. This was a statutory trial of the right of property, which was instituted in the following manner : M. Cody, the appellee, recovered a judgment against one W. J. Smith and another. Upon this judgment an execution was issued and levied upon certain property, as the property of said W. J. Smith. Thereupon J. M. Wells, the appellant, interposed a claim to this property, and a trial was had upon issue formed upon the interposition of this claim. The plaintiff proved his levy, and that the defendant, W.…
1Opinion of the CourtHead, J.
At common law dioses in action were not assignable so as to be enforced by the assignee in his own name. An assignment, however, whether by delivery merely or in writing, created a beneficial interest in the asssignee in the debt assigned, which equity would recognize and protect, and which, in time, courts of law *281came to protect, in some respects, when suit was brought for the use of the assignee. Later the legislature intervened and enacted that, -in such actions, the beneficiary named should be considered the sole party to the record. — Code, §§ 2595, 2596. Section 1762 of the Code…
2Cases cited4 opinions
- Westmoreland & Trousdale v. FosterSupreme Court of Alabama · 1877
- Lowery v. PetersonSupreme Court of Alabama · 1883
- Planters' & Merchants' Insurance v. TunstallSupreme Court of Alabama · 1882
- Lee v. WimberlySupreme Court of Alabama · 1893
3Cited by17 opinions
- McDonald v. McDonaldSupreme Court of Alabama · 1926
- British & American Mortgage Co. v. CodySupreme Court of Alabama · 1902
- Strickland & Co. v. Lesesne & LaddSupreme Court of Alabama · 1909
- United States Fidelity & Guaranty Co. v. First Nat. Bank of LincolnSupreme Court of Alabama · 1932
- Woodruff v. AdairSupreme Court of Alabama · 1901
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