Allen v. Hamilton
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. The appellant, B. M. Allen, had an execution on a judgment in his favor against John Hamilton levied on certain personal property found in a house occupied by said John Hamilton and his wife, Mary E. Hamilton. Said Mary E. Hamilton interposed a claim to the property levied upon, and made affidavit, and gave bond as required by the statute.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. The appellant, B. M. Allen, had an execution on a judgment in his favor against John Hamilton levied on certain personal property found in a house occupied by said John Hamilton and his wife, Mary E. Hamilton. Said Mary E. Hamilton interposed a claim to the property levied upon, and made affidavit, and gave bond as required by the statute. The evidence on the trial of the issue'as to the right of property is sufficiently stated in the opinion. The plaintiff requested the court to give to the jury the following…
1Opinion of the CourtBrickell, C.J.
There was no evidence that, subsequent to the maturity of the notes on which the appellant had obtained judgment, the husband had made a gift to the wife of any part of the property in controversy. And for this reason, if not for others, the first instruction to the jury was properly refused. Instructions based partly or entirely on a state of facts not appearing in the evidence are abstract, and it is not error to refuse them. 1 Brick. Dig. 338, § 41.
The second and third instructions are based on the hypothesis that, at the time of the levy of the execution, the defendant, the husband, had…
2Cases cited3 opinions
- Bragg v. Massie's Adm'rSupreme Court of Alabama · 1861
- Bush v. HenrySupreme Court of Alabama · 1888
- Newbrick & Bros. v. DuganSupreme Court of Alabama · 1878
3Cited by5 opinions
- Humphrey v. BoschungSupreme Court of Alabama · 1971
- Pappas v. Alabama Power CompanySupreme Court of Alabama · 1960
- Adair v. AdairSupreme Court of Alabama · 1952
- Coulter v. HolderSupreme Court of Alabama · 1971
- Milam v. ColeySupreme Court of Alabama · 1905