Mrs. Vesta G. Johnston v. Calvin S. Byrd and Ray D. Bridges

The Alabama statute providing a right of trial as to personal property levied on under execution but claimed by a third person requires the execution of an affidavit and bond by the claimant, but also confers upon the claimant the right to have the property levied on delivered into his possession and casts upon the plaintiff in execution the burden of proof as to whether the property claimed is the property of the defendant in the writ and is liable to its satisfaction. Code of Alabama 1940, Tit. 7, sections 1168 and 1169. As is true generally,1 this statutory proceeding is supplementary or…