State Ex Rel. Biggs v. Frazier

The conclusion of the chancellor that the car was subject to condemnation, so far as the interest therein of the owner, Frazier, is concerned, is well supported by the proof, and needs no further consideration.

The question of prime importance, however, relates to the finding of the court that the interest of the claimant should not be condemned and confiscated. We had occasion in the recent case of Hartzog-Ganey Motor Co. v. State, 130 So. 771, 1 to restate the rule governing in cases of this character as announced in Edwards v. State, 213 Ala. 122, 104 So. 255, and reiterated in subsequent…