Howell v. Carden
Supreme Court of Alabama
Appeal from tbe Circuit Court of Cherokee. Tried before the Hon. John B. Tally. Action by James H. Howell, against James ~W. Bowman. Judgment for plaintiff. An execution was levied on certain personal property in the possession of defendant, and a claim to the property levied on was interposed by H. YV. Carden, as trustee under a deed of trust executed by defendant to secure the payment of his promissory nóte to E. T. Ewing.
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Appeal from tbe Circuit Court of Cherokee. Tried before the Hon. John B. Tally. Action by James H. Howell, against James ~W. Bowman. Judgment for plaintiff. An execution was levied on certain personal property in the possession of defendant, and a claim to the property levied on was interposed by H. YV. Carden, as trustee under a deed of trust executed by defendant to secure the payment of his promissory nóte to E. T. Ewing. On November 15, 1884, previous to the commencement of the present suit by the plaintiff, the defendant, James W. Bowman, executed a deed of trust to the claimant, H. W.…
1Opinion of the CourtWalker, J.
An execution upon a judgment rendered by a justice of the peace in favor of the appellant and *107against J. "W. Bowman, was levied upon personal property wliicli was in the possession of Bowman. A claim to the property levied on was interposed by H. W. Carden, as trustee, under a deed of trust by which Bowman had undertaken to. convey certain property, including that levied on, to secure the payment of his promissory note to B. T. Ewing. The contest was upon the claim so interposed. Exceptions were reserved to rulings of the Circuit Court in the admission of evidence, and in giving and refusing…
2Cases cited20 opinions
- Louisville & Nashville R. R. v. WilliamsSupreme Court of Alabama · 1911
- Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1881
- Jaques v. HortonSupreme Court of Alabama · 1884
- Wiley, Banks & Co. v. KnightSupreme Court of Alabama · 1855
- Price v. Mazange & Co.Supreme Court of Alabama · 1858
15 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Manchuria S. S. Co. v. Harry G. G. Donald & Co.Supreme Court of Alabama · 1917
- Allen v. RiddleSupreme Court of Alabama · 1904
- Birmingham News Co. v. Barron G. Collier, Inc.Supreme Court of Alabama · 1925
- Drain v. F. S. Royster Guano Co.Supreme Court of Alabama · 1936
- Flournoy v. StateSupreme Court of Alabama · 1960
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