Jones v. Chenault
Supreme Court of Alabama
Appeal from Talledag City Court. Tried before Hon. Gr. K. Miller. Action to try tbe right of property by T. It. Jones against A. P. Cbenault, claimant. Tbe plaintiff having a judgment against S. M. Cbenault caused execution to be levied on a stock of goods in bis possession. Tbe claimant interposed ber claim to the goods.
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Appeal from Talledag City Court. Tried before Hon. Gr. K. Miller. Action to try tbe right of property by T. It. Jones against A. P. Cbenault, claimant. Tbe plaintiff having a judgment against S. M. Cbenault caused execution to be levied on a stock of goods in bis possession. Tbe claimant interposed ber claim to the goods. Tbe 'evidence showed that before tbe purchase of tbe goods tbe claimant said to tbe defendant in execution, who. was ber husband, that she was going to invest her money in goods and that be Avas to conduct tbe business for lier; and that tbe money used by tbe claimant in…
1Opinion of the CourtSharpe, J.
— The plaintiff having . a judgment against S. M. Chenault obtained in 1896, levied an execution issued thei’eon upon a stock of goods found in Chenault’s possession and which was purchased in 1898 b}r either him or his wife. Mrs. Chenault interposed a claim to the goods and the issue Hied involved soiely the question as to whether they belonged to her or to the defendant in execution.
None of the assignments of error based upon matters of evidence can be sustained. The conversations refered to in them, had between the claimant and her husband were part of the res gestae relating to the fact…
2Cited by4 opinions
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- First Nat. Bank of Mobile v. LartigueSupreme Court of Alabama · 1937
- Higgins v. Central Cigar Co.Court of Appeals for the D.C. Circuit · 1929
- Wipperman Mercantile Co. v. RobbinsNorth Dakota Supreme Court · 1912