Christian & Craft Grocery Co. v. Michael & Lyons
Supreme Court of Alabama
Appeal from the Circuit Court of Monroe. Tried before the Hon. J. C. Anderson. Michael & Lyons obtained a judgment in the City Court of Mobile against the Monroe Mill Co. and caused execution to issue thereon without order of court on the day following its rendition and in term time, and to be levied on certain property as the property of the company.
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Appeal from the Circuit Court of Monroe. Tried before the Hon. J. C. Anderson. Michael & Lyons obtained a judgment in the City Court of Mobile against the Monroe Mill Co. and caused execution to issue thereon without order of court on the day following its rendition and in term time, and to be levied on certain property as the property of the company. The Christian & Craft Grocery Co. claimed the property through a mortgage executed to it by the mill company prior to tbe debt of the mill company to the plaintiffs in execution. The- questions raised were whether the execution issuing in term…
1Opinion of the Court
DOWDELL, j.
— The claimant, on the trial in the court below, asserted title to the property in question, levied on by plaintiffs as the property of the defendant in execution, under .a mortage executed by defendant to claimant. The plaintiff having proved their debt against the defendant and the levy of the execution *86on the property in defendant’s possession, made a prima, ■facie casé; and unless the claimant offered evidence tending to show a better • right -or claim, the plaintiffs .were entitled to the affirmative charge.
The mortgage offered in evidence by the claimant, purported to convey…
2Cases cited9 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- Otis v. SillNew York Supreme Court · 1849
- Benedict, Hall & Co. v. Renfro Bros.Supreme Court of Alabama · 1883
- Steele v. TutwilerSupreme Court of Alabama · 1880
- Murray, Dibrell & Co. v. McNealy & CuretonSupreme Court of Alabama · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Seaboard Small Loan Corporation v. OttingerCourt of Appeals for the Fourth Circuit · 1931
- Citizens Loan Ass'n v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
- In re Home Discount Co.District Court, N.D. Alabama · 1906
- Manchuria S. S. Co. v. Harry G. G. Donald & Co.Supreme Court of Alabama · 1917
- Ryan v. YoungSupreme Court of Alabama · 1906
11 more not listed; retrieve them via the Exa API.