Jackson v. Bain
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. Tried before the Hon. Leroy F. Box. This was a statutory trial of the right of property to a bale of cotton, and fifty bushels of cotton-seed, on which an attachment was levied in favor of. James L. Jackson, and to .which a ■claim was interposed, under the statute, by James S. Bain.
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Appeal from the Circuit Court of Marshall. Tried before the Hon. Leroy F. Box. This was a statutory trial of the right of property to a bale of cotton, and fifty bushels of cotton-seed, on which an attachment was levied in favor of. James L. Jackson, and to .which a ■claim was interposed, under the statute, by James S. Bain. Hnder the rulings of the court below, to which exceptions were duly reserved by the plaintiff, there was a verdict and judgment for the claimant; and these several rulings áre now assigned as error. contended that, although the plaintiff’s attachment was void, under the…
1Opinion of the Court
STONE. J.
— -The present controversy originated in an attachment for rent, sued out by James L. Jackson, the appellant, through his agent, and against Thomas J. King. The, attachment writ was levied on part of the crop grown on the rented land. This suit was not defended by King, and there was judgment against him by default. The record shows these proceedings, but there is-no appeal from that judgment.
Soon after the attachment was levied, Bain, the appellee, interposed a claim to the property levied on. He filed his affidavit of ownership, and executed the necessary claim-bond, to institute…
2Cases cited3 opinions
- Elliott v. Stocks & Bro.Supreme Court of Alabama · 1880
- Vann & Waugh v. Adams, Thorne & Co.Supreme Court of Alabama · 1882
- Flash, Hartwell & Co. v. Paul, Cook & Co.Supreme Court of Alabama · 1856
3Cited by30 opinions
- Hamburg v. O. P. Wood & Co.Texas Supreme Court · 1886
- Bradley v. BentleySupreme Court of Alabama · 1935
- Schamagel v. WhitehurstSupreme Court of Alabama · 1893
- McDonald v. StephensSupreme Court of Alabama · 1920
- First Nat. Bank of Stevenson v. CrawfordSupreme Court of Alabama · 1933
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