Goodbar v. Blackwell
Supreme Court of Alabama
Appeal from Winston Circuit Court. Heard before Hon. James J. Ray. Goodbar & Company recovered judgment against L. B. McNamee, and bad the same recorded in Winston county. The judgment contained waiver of exemptions. Execution was issued on said judgment and levied upon certain goods and merchandise, which were claimed by S. K. Blackwell under purchase from said McNamee.
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Appeal from Winston Circuit Court. Heard before Hon. James J. Ray. Goodbar & Company recovered judgment against L. B. McNamee, and bad the same recorded in Winston county. The judgment contained waiver of exemptions. Execution was issued on said judgment and levied upon certain goods and merchandise, which were claimed by S. K. Blackwell under purchase from said McNamee. On trial of right of property, the court directed a verdict for claimant and the plaintiff in execution appeals. There is no conflict between sections 4093 and 4157-8, since the last section gives a lien which has the force…
1Opinion of the CourtMcCLELLAN, J.
The plaintiff in execution (appellant) was due the affirmative charge requested by it, and, on the other hand, it was error to give the affirmative charge for the claimant (appellee). The plaintiff’s judgment was recorded, as provided in the Code (section 4156), and thereupon operated to impose a lien on the property of the defendant in execution, in the county where filed, according to the provisions of the Code (section 4157). The purchaser (appellee) of the personal property, subsequent to the recordation stated, took it subject to the lien provided, and could not pre*234vail ¡against tbe.…
2Cited by5 opinions
- Smith v. Arrow Transp. Co., Inc.Supreme Court of Alabama · 1990
- Johnston v. BatesSupreme Court of Alabama · 1923
- Crawford Merc. Co. v. AndertonSupreme Court of Alabama · 1913
- Scharnagel v. QuinnSupreme Court of Alabama · 1930
- Compton v. SharpeSupreme Court of Alabama · 1911