British & American Mortgage Co. v. Cody
Supreme Court of Alabama
.Appeal from the Circuit Court of Crenshaw. Tried before the Hon. J. C. Richardson. The appellant, the British & American Mortgage Company, brought a suit against one M. J. Barnes to recover an amount alleged to be due from said Barnes to the plaintiff for rent, and sued out an ancillary writ of ataehment.
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.Appeal from the Circuit Court of Crenshaw. Tried before the Hon. J. C. Richardson. The appellant, the British & American Mortgage Company, brought a suit against one M. J. Barnes to recover an amount alleged to be due from said Barnes to the plaintiff for rent, and sued out an ancillary writ of ataehment. This attachment was levied upon the corn and cotton-.Avhich was on the lands, the possession of which had boon turned over to Barnes under a contract of sale and for the use of which the rent was sought to be reserved. Upon the levy of the attachment, upon said crops, the appellee, J. M.…
1Opinion of the Court
'HARALSON, J.
Trial of the right of property.
In a case, of this character the plaintiff must first make out a prima- face case of liability of the property levied on to his execution or attachment, which he may do hv proving that the goods were in the possession and control of defendant at the time of the levy, and when he has done this, the burden is cast on the claimant to show title in himself (Foster v. Goodwin, 82 Ala. 384; Ross v. Lawson, 105 Ala. 553; 4 Mayfield’s Dig., 980, § 113b) ; or, under the present statute, that he has a lien upon or an equitable title to the property.—Code, §…
2Cases cited11 opinions
- Syndicate Insurance v. CatchingsSupreme Court of Alabama · 1893
- Robinson v. MoseleySupreme Court of Alabama · 1890
- Patapsco Guano Co. v. BallardSupreme Court of Alabama · 1894
- Wells v. CodySupreme Court of Alabama · 1895
- Buist v. GuiceSupreme Court of Alabama · 1892
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Formby v. WilliamsSupreme Court of Alabama · 1919
- Manhattan Life Ins. Co. v. StubbsTexas Commission of Appeals · 1921
- Hughes & Tidwell Supply Co. v. CarrSupreme Court of Alabama · 1919
- Ransom v. Wickstrom & Co.Washington Supreme Court · 1915
- Booker-Jones Oil Co. v. National Refining Co.Court of Appeals of Texas · 1910
12 more not listed; retrieve them via the Exa API.