Tait v. Murphy
Supreme Court of Alabama
Appeal from Clarke Circuit Court. Tried before lion. Wm. E. Clarke. John F. Murphy recovered a judgment against Barron and H. E. Tait, at the fall term 1885 of Clarke county Circuit Court, and an execution on said judgment, issued on the 24th of November, 1885, was levied, by the sheriff, on four yokes of oxen, one front-cart and one tail-cart, as the property of J. W. Barron and Ii. E. Tait, the defendants in execution.
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Appeal from Clarke Circuit Court. Tried before lion. Wm. E. Clarke. John F. Murphy recovered a judgment against Barron and H. E. Tait, at the fall term 1885 of Clarke county Circuit Court, and an execution on said judgment, issued on the 24th of November, 1885, was levied, by the sheriff, on four yokes of oxen, one front-cart and one tail-cart, as the property of J. W. Barron and Ii. E. Tait, the defendants in execution. W. R. Tait claimed the property levied on as belonging to him, made affidavit and gave a claim bond, whereupon the levy was released. The cause was tried on an issue made up…
1Opinion of the CourtClopton, J.
The issue joined on the trial is, whether the oxen and carts levied on are subject to plaintiff’s execution. The plaintifE claimed, that they were the property of Ií. E. Tait, one of the defendants in execution, and that he had fraudulently sold and conveyed them to appellant, who is the claimant. The claimant denied that they were ever the property of ti. E. Tait; and it appearing that, in March, 1884, he had obtained from the defendant in execution oxen and carts, he introduced evidence to show, that prior to the levy he had sold some of the oxen thus obtained, and the others had died, and…
2Cases cited3 opinions
- Moog v. FarleySupreme Court of Alabama · 1885
- Townsend v. BrooksSupreme Court of Alabama · 1884
- Daniel v. Owens & Co.Supreme Court of Alabama · 1881
3Cited by9 opinions
- Gwin v. Emerald Co.Supreme Court of Alabama · 1918
- Savage v. Russell & Co.Supreme Court of Alabama · 1887
- Sloan v. WilsonSupreme Court of Alabama · 1897
- Southern Warehouse Co. v. JohnsonSupreme Court of Alabama · 1887
- Hendon v. McCoySupreme Court of Alabama · 1931
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