Tate v. Cody-Henderson Co.
Alabama Court of Appeals
Appeal from Crenshaw Circuit Court. Heard before Hon. A. E. Gamble. Detinue by the Cody-Henderson Company against J. C. Tate, in which W. H. Tate intervenes as claimant. Judgment for plaintiff and claimant appeals.
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Appeal from Crenshaw Circuit Court. Heard before Hon. A. E. Gamble. Detinue by the Cody-Henderson Company against J. C. Tate, in which W. H. Tate intervenes as claimant. Judgment for plaintiff and claimant appeals. Under the issues the burden was on plaintiff to prove that the title to the property was in plaintiff, and that plaintiff was entitled to immediate possession. — Hensley v. Orendorf, 152 Ala. 604; Shows v. Brantley, 127 Ala. 354; Kyser v. Maas, 111 Ala. 394; sec. 3792, Code 1907. The burden was on defendant to show that J. C. Tate was in possession of the property involved at the…
1Opinion of the CourtPelham, P. J.
The Cody-Henderson Company (appellee) brought suit in detinue against one J. C. Tate to recover, among other things, 6 bales of cotton and 500 bushels of corn. The writ was executed by levying upon 4 bales of cotton and 160 bushels of corn as the property of J. C. Tate. After the levy was made, W. H. Tate, the appellant, made claim to 2 bales of the cotton and 80 bushels of the corn levied on. The claim suit was tried, resulting in a judgment for plaintiff, from which this appeal is prosecuted.
J. C. Tate, the father of W. H. Tate, the claimant in the court below, being indebted to the…
2Cases cited20 opinions
- Atkins v. Disintegrating Co.Supreme Court of the United States · 1874
- Louisville & Nashville R. R. v. StreetSupreme Court of Alabama · 1909
- Electric Lighting Co. of Mobile v. Elder Bros.Supreme Court of Alabama · 1896
- Cocciola v. Wood-Dickerson Supply Co.Supreme Court of Alabama · 1902
- Cassells' Mill v. Strater Bros. Grain Co.Supreme Court of Alabama · 1909
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3Cited by7 opinions
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- T. L. Farrow Mercantile Co. v. RigginsAlabama Court of Appeals · 1916
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