Larkin v. Baty
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the Hon. James A. Bilbro. The appellant, W. R. Larkin, recovered a judgment against W. E Baty on a promissory note. Execution was issued on this judment, and levied upon two cows. The appellee, L. E. Baty, wife of the defendant in execution, interposed her claim to the cows levied upon, and thereupon, instituted a trial of the right of property to said cows.
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Appeal from the Circuit Court of Jackson. Tried before the Hon. James A. Bilbro. The appellant, W. R. Larkin, recovered a judgment against W. E Baty on a promissory note. Execution was issued on this judment, and levied upon two cows. The appellee, L. E. Baty, wife of the defendant in execution, interposed her claim to the cows levied upon, and thereupon, instituted a trial of the right of property to said cows. The facts disclosed upon the trial of such claim suit are sufficientlly stated in the opinion. After verdict and judgment for the plaintiff, there was, as stated in the opinion, a…
1Opinion of the CourtHead, J.
This was a statutory trial of the right of property, on a claim interposed by the appellee to the property levied on under an execution on a judgment rendered against the husband of the claimant. Of the two cows levied on as the property of the defendant in execution, one of them was acquired by purchase, by him, of the plaintiff, in 1889 ; and the other was the offspring of this one, calved after January 20th, 1890, — the date of the inception of claimant’s alleged title. The question at issue and to which all the evidence seems to relate, ivas whether or not this mother coiv had been sold…
2Cases cited7 opinions
- Scruggs v. Decatur Mineral & Land Co.Supreme Court of Alabama · 1888
- Calhoun v. Hannan & MichaelSupreme Court of Alabama · 1888
- Bates v. MorrisSupreme Court of Alabama · 1893
- McBride v. ThompsonSupreme Court of Alabama · 1845
- Cole v. VarnerSupreme Court of Alabama · 1857
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Brown v. WoolvertonSupreme Court of Alabama · 1928
- Sanders v. DavisSupreme Court of Alabama · 1907
- Alabama Fuel & Iron Co. v. PowaskiSupreme Court of Alabama · 1936
- McCarten v. Connecticut Co.Supreme Court of Connecticut · 1925
- Alaga Coach Line, Inc. v. FoySupreme Court of Alabama · 1933
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