Starnes v. Allen, West & Co.
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Tried before Hon. H. T. Toulhin. Allen, West & Co., the appellees, commenced suit against one Hibbler by attachment, which was levied, among other things, on the cotton in controversy; whereupon, the appellant Starnes, made the statutory affidavit and bond to try the right of property.
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Appeal from Mobile Circuit Court. Tried before Hon. H. T. Toulhin. Allen, West & Co., the appellees, commenced suit against one Hibbler by attachment, which was levied, among other things, on the cotton in controversy; whereupon, the appellant Starnes, made the statutory affidavit and bond to try the right of property. On the trial, it appeared that Hibbler, who owned part and had rented part of a plantation in Sumter county, had re-rented it to certain negroes for a stated number of bales of cotton, no matter what number were produced on the place; that the negroes were in possession of the…
1Opinion of the CourtStone, J.
It is true that in a trial of right of property, under the statute, the claimant can not defeat plaintiff’s recovery by proving outstanding title in a stranger. — Foster v. Smith, 16 Ala. 192; 2 Brick. Dig. 480, § 67. This principle, however, hath this extent: When plaintiff in execution makes out a 'prima fade case, the claimant will not be allowed to overturn it by proving title in a stranger, with whose title he does not connect himself by privity of estate. It does not overturn the statutory rule, that “ the burthen of proof is on the plaintiff in execution.” — Code of 1876, § 3343. It…
2Cases cited5 opinions
- Barker v. BellSupreme Court of Alabama · 1861
- Powell v. WilliamsSupreme Court of Alabama · 1848
- McAdams v. Beard & HendersonSupreme Court of Alabama · 1859
- Foster v. SmithSupreme Court of Alabama · 1849
- Dent v. SmithSupreme Court of Alabama · 1849
3Cited by2 opinions
- Wollner & Lowenstein v. Lehman, Durr & Co.Supreme Court of Alabama · 1887
- Watson v. StateAlabama Court of Appeals · 1924