Carter v. Wilson
Supreme Court of Alabama
Appeal from Montgomery Circuit Court. Tried before Hon. James Q,. Smith. Appellee, Carter, commenced suit by attachment in November, 1871, before a justice of the peace, to enforce a lien for advances to one Harvey, to enable him to make a crop for the year 1871. The attachment was levied on a bale of cotton in possession of and claimed by one Wilson, the appellant.
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Appeal from Montgomery Circuit Court. Tried before Hon. James Q,. Smith. Appellee, Carter, commenced suit by attachment in November, 1871, before a justice of the peace, to enforce a lien for advances to one Harvey, to enable him to make a crop for the year 1871. The attachment was levied on a bale of cotton in possession of and claimed by one Wilson, the appellant. The justice having decided that the cotton was subject to the attachment, an appeal was taken to the Circuit Court. In that court Carter filed “ an issue,” which, after stating that the cotton levied on in the cause and claimed by…
1Opinion of the CourtManning, J.
This was a trial of the right of -property, for a bale of cotton seized under an attachment issued to enforce a crop-lien under the statute upon that subject. Appellee, Carter, was plaintiff in the attachment suit; one Harvey was defendant; and appellant, Wilson, claimed the cotton as his — and from the verdict and judgment adverse to his claim of ownership, he appealed to this court. The controversy is between him and the plaintiff in the attachment suit.
The assignment of the overruling of the demurrer of the claimant to the issue tendered by plaintiff upon the trial of the right of…
2Cases cited3 opinions
- Abraham v. CarterSupreme Court of Alabama · 1875
- Bryan v. SmithSupreme Court of Alabama · 1853
- Foster v. WestmorelandSupreme Court of Alabama · 1875
3Cited by1 opinion
- Baker v. KeithSupreme Court of Alabama · 1884