Jordan v. Nashville, Chattanooga & St. Louis Railway
Supreme Court of Alabama
Appeal from the 'Circuit Court of Marshall. Tried before, the Hon. J. A. Bilbro. This was an action brought by the appellant, Mollie C. Jordan, against the appellee.
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Appeal from the 'Circuit Court of Marshall. Tried before, the Hon. J. A. Bilbro. This was an action brought by the appellant, Mollie C. Jordan, against the appellee. The complaint contained but one count, in which the plaintiff claimed $200 for that she. was the owner of a judgment rendered on a waive bond against one Sherrell by the circuit court of Marshall county on April 10, 1897, for the sum of $513, upon which an execution was regularly issued and placed in the hands of the sheriff of said county on May 13, 1897. That an alias execution was issued on said judgment, and placed in the…
1Opinion of the CourtSharpe, J.
A first requisite to the presentation of a cause of action on the theory of this complaint is that it should appear that plaintiff had some property right in or a lien upon the property alleged to have been dealt with by the defendant. To be brought in subjection to the lien of a registered judgment, property must not only belong to the defendant but it must be situated in the county of registration.- — Code, § 1921. And an unlevied. execution can create a lien only on property in the county where it is received by the officer authorized to execute it. — 'Code, § 1892. The complaint does not…
2Cases cited1 opinion
- Louisville & Nashville Railroad v. WilliamsSupreme Court of Alabama · 1896
3Cited by4 opinions
- Manchuria S. S. Co. v. Harry G. G. Donald & Co.Supreme Court of Alabama · 1917
- Butler Cotton Oil Co. v. BrooksSupreme Court of Alabama · 1920
- Hardy v. GlassAlabama Court of Appeals · 1919
- Henry v. MilnerSupreme Court of Alabama · 1920