Hill v. Rentz
Supreme Court of Alabama
Appeal from Circuit Court, Wilcox County; B. M. Miller, Judge. Claim suit by Walton H. Hill against E. O. Rentz. Judgment for defendant, plaintiff in attachment, and claimant appeals. This cause was submitted, and considered under rule 46 of this court (178 Ala. xix, 65 South, vii), and the opinion was delivered by Mr. Justice MAYFIELD: Statement of the Case. This is a claim suit to try the right of property to 15 mules.
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Appeal from Circuit Court, Wilcox County; B. M. Miller, Judge. Claim suit by Walton H. Hill against E. O. Rentz. Judgment for defendant, plaintiff in attachment, and claimant appeals. This cause was submitted, and considered under rule 46 of this court (178 Ala. xix, 65 South, vii), and the opinion was delivered by Mr. Justice MAYFIELD: Statement of the Case. This is a claim suit to try the right of property to 15 mules. Appellee attached the mules as the property of his debtor, one W. F. Allen; and appellant instituted a statutory claim suit therefor, basing his claim to the property on a…
1Opinion of the Court
Opinion.
In statutory claim suits to try the right of property taken under attachment, execution, or other process, the statute directs that the plaintiff in process must allege that the property claimed is that of the defendant in process, and that it is liable to the satisfaction of the process; and the burden of proof as to both of these facts alleged is on the plaintiff. Code, § 6040.
*528[1] The filing of the claim suit and bond, as is provided for instituting the claim suit, estops the claimant from disputing or questioning the levy, or mere irregularities in the process — matters which…
2Cases cited5 opinions
- Diamond Rubber Co. v. Fourth National BankSupreme Court of Alabama · 1911
- Carew v. Love's Adm'rSupreme Court of Alabama · 1857
- Jones v. StateSupreme Court of Alabama · 1896
- Durden v. McWilliamsSupreme Court of Alabama · 1857
- Bradford & Sons v. BassettSupreme Court of Alabama · 1906