Howard v. Deens
Supreme Court of Alabama
Appeal from the Circuit Court of Covington. Heard before tbe Hon. John P. Hubbard. Tbe appeal in this case was prosecuted by tbe substituted defendant from a judgment in favor of tbe plaintiff in an action of detinue; and tbe appellant assigns' as error tbe giving of tbe general affirmative charge in favor of tbe plaintiff.
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Appeal from the Circuit Court of Covington. Heard before tbe Hon. John P. Hubbard. Tbe appeal in this case was prosecuted by tbe substituted defendant from a judgment in favor of tbe plaintiff in an action of detinue; and tbe appellant assigns' as error tbe giving of tbe general affirmative charge in favor of tbe plaintiff. Code, sections 1476 and 4131; Jones v. Anderson, 76 Ala. 421; Tbe lien of a mortgage duly recorded is superior to that of a purchaser at sheriff’s sale against tbe mortgagor under an execution issued after tbe registration of the mortgage; — Troy v. Smith cG Shields, 33…
1Opinion of the CourtHaralson, J.
Section 4141 of tbe Code relates to personal property levied on, which may be claimed by a stranger to tbe writ, and provides that when so levied on, and tbe stranger “Claims to own tbe title, legal or equitable, or a lien paramount to tbe right, title or interest in tbe property of tbe defendant in tbe writ, such person may try tbe right to such property before a sale thereof, upon mailing affidavit by himself, bis agent or attorney, * * * that he bolds such title to, or such lien upon tbe property, claimed and executing a bond with two good and sufficient sureties,” etc.
Section 2634, very…
2Cases cited5 opinions
- O'Neal v. SeixasSupreme Court of Alabama · 1887
- Troy v. Smith & ShieldsSupreme Court of Alabama · 1859
- Patapsco Guano Co. v. BallardSupreme Court of Alabama · 1894
- Ballard v. Mayfield, Pitman & Co.Supreme Court of Alabama · 1894
- Chadwick v. RussellSupreme Court of Alabama · 1897
3Cited by5 opinions
- Gwin v. Emerald Co.Supreme Court of Alabama · 1918
- Houston Nat. Bank v. J. T. Edmonson & Co.Supreme Court of Alabama · 1916
- Hammond Bros. & Co. v. LuskSupreme Court of Alabama · 1907
- Shreve-Milligan Live Stock & Vehicle Co. v. PelhamAlabama Court of Appeals · 1912
- Porter & Co. v. GodfreyAlabama Court of Appeals · 1915