Bennett v. McKee
Supreme Court of Alabama
Appeal from Marengo Circuit Court. Heard before the Hon. John C. Anderson. . This was a statutory trial of the right of property, which Avas instituted upon the levy of an execution in favor of the appellee, George H. McKee, against one Richard Montgomery, upon certain property, whereupon one M. W. Bennett introduced a claim to- the property so levied upon.
Read the full summary
Appeal from Marengo Circuit Court. Heard before the Hon. John C. Anderson. . This was a statutory trial of the right of property, which Avas instituted upon the levy of an execution in favor of the appellee, George H. McKee, against one Richard Montgomery, upon certain property, whereupon one M. W. Bennett introduced a claim to- the property so levied upon. After the interposition of this claim, said M. W. Bennett died, and the claim-was revived in the name of the appellant, Caroline Bennett, as'the administratrix of said M. W. Bennett, deceased. Upon issue made under direction of the court…
1Opinion of the CourtTyson, J.
The fact that the cotton, when levied on, was in a house on the premises of the defendant in exe: *604cution is prima facie evidence of possession of it by defendant, and, therefore, of ownership, and cast upon the claimant the burden of showing title to the property in her intestate. Nor can plaintiff be defeated by claimant showing title in a third person unless she knows that her intestate acquired that third person’s right to the property.' — 2 Brick. Dig. p. 480, § 67; 4 Mayfield’s Dig. p. 977, § 56.
If the claim is based on a mortgage or lien, the affidavit must state the nature of the…
2Cases cited1 opinion
- Ivey v. Coston & Co.Supreme Court of Alabama · 1901
3Cited by13 opinions
- Hall & Brown Woodworking Machine Co. v. Haley Furniture & Mfg. Co.Supreme Court of Alabama · 1911
- Choctaw Bank v. DearmonSupreme Court of Alabama · 1931
- Mt. Vernon-Woodberry Mills v. Union Springs Guano Co.Alabama Court of Appeals · 1934
- Herren v. BurnsSupreme Court of Alabama · 1928
- Drennen Co. Department Stores v. BrownSupreme Court of Alabama · 1925
8 more not listed; retrieve them via the Exa API.