Petree v. Wilson Bros. & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Franklin. Tried before the Hon. H. C. Speake. Wilson Bros. & Co., at the spring term- of the circuit court of Frankliu county, 1887, recovered a judgment against It. C. Hughes, for the 'sum of $190.84, besides costs. On this judgment, an execution issued on the 10th day of October, 1891, and, coming to the hands of the sheriff, was levied on certain personal property, the subject of this claim suit. On the 29th of February/ 1892, W. it.
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Appeal from the Circuit Court of Franklin. Tried before the Hon. H. C. Speake. Wilson Bros. & Co., at the spring term- of the circuit court of Frankliu county, 1887, recovered a judgment against It. C. Hughes, for the 'sum of $190.84, besides costs. On this judgment, an execution issued on the 10th day of October, 1891, and, coming to the hands of the sheriff, was levied on certain personal property, the subject of this claim suit. On the 29th of February/ 1892, W. it. Petree, the appellant, made an affidavit that the property levied on was his property, and executing a claim bond, as…
1Opinion of the CourtHaralson, J.
The evidence introduced by the plaintiffs — their judgment, execution thereon, levy on the property claimed, the claim bond oí the claimant, the possession of the property at the time by defendant in execution claiming it as his, and the value of each separate article levied on — entitled the plaintiffs to a verdict and judgment on the issue joined, unless the claimant proved-a superior right and title.
To do this, he sought to introduce a mortgage on the property levied on, executed by defendant in execution to him, older than plaintiffs’ execution, under which they claimed the right to the…
2Cases cited5 opinions
- Richmond & Danville Railroad v. JonesSupreme Court of Alabama · 1890
- Russell v. WalkerSupreme Court of Alabama · 1882
- Askew Bros. v. Steiner & LobmanSupreme Court of Alabama · 1884
- Langworthy v. Goodall, McLester & Co.Supreme Court of Alabama · 1884
- Kennon & Hill v. Adams BrosSupreme Court of Alabama · 1893
3Cited by1 opinion
- Kelley v. LovettSupreme Court of Alabama · 1938