Lature v. Little
Alabama Court of Appeals
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. H. O. Little and another as execution creditors of John A. Gilbreath had. execution on a recorded judgment levied on certain property as the property of John A. Gilbreath, and S. H. Lature interposed claim thereto under mortgage and sale of the property to him. Judgment for plaintiff and claimant appeals.
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Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. H. O. Little and another as execution creditors of John A. Gilbreath had. execution on a recorded judgment levied on certain property as the property of John A. Gilbreath, and S. H. Lature interposed claim thereto under mortgage and sale of the property to him. Judgment for plaintiff and claimant appeals. Under the facts in this case the mortgagee had no notice constructive or otherwise that the judgment was against John A. Gilbreath, the record showing that it was against John H. Gil-breath who resided in the same…
1Opinion of the CourtPelham, J.
In the trial of a claim suit in the court below involving certain chattels, it was insisted by the plaintiffs that the property was subject to an execution in their favor against one Gilbreath, the defendant, and the claimant denied this and set up title in himself under certain mortgages executed by Gilbreath to him, under which he had taken possession of the property on the mortgage debt.
*280The facts as set out in the bill of exceptions show that the plaintiffs had previously brought suit on certain promissory notes in the circuit court against John A. Gilbreath and recovered judgment, but…
2Cases cited5 opinions
- Crouse v. MurphySupreme Court of Pennsylvania · 1891
- First National Bank v. Hacoda Mercantile Co.Supreme Court of Alabama · 1910
- Davis v. SteepsWisconsin Supreme Court · 1894
- Dutton v. SimmonsSupreme Judicial Court of Maine · 1876
- Williams v. ThomasCourt of Appeals of Texas · 1898
3Cited by2 opinions
- Gill v. MoreSupreme Court of Alabama · 1917
- Sackheim v. Marine Bank & Trust Co.District Court of Appeal of Florida · 1976