Jordan Bros. v. Gordon
Alabama Court of Appeals
Appeal from Cherokee Circuit Court. Heard before Hon. W. W. Haralson. M. Gordon, as execution plaintiff had execution levied upon certain property as the property of defendant in the process, to which Jordan Brothers interposed a claim. Judgment for plaintiff and claimants appeal.
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Appeal from Cherokee Circuit Court. Heard before Hon. W. W. Haralson. M. Gordon, as execution plaintiff had execution levied upon certain property as the property of defendant in the process, to which Jordan Brothers interposed a claim. Judgment for plaintiff and claimants appeal. The execution was void. — Strioldancl v. Hardy, 82 Ala. 411; Graham v. Chandler, 15 Ala. 345. The plaintiff failed to make out a prima facie case. — Shorter v. Mims, 18 Ala. 655; Marks v. Wood, 133 Ala. 533; Jackson v. Baine, 74 Ala. 330; Bradford v. Bassett, 151 Ala. 520. By executing claim bond and affidavit…
1Opinion of the CourtThomas, J.
It is firmly setled by tbe adjudica-. tions of our Supreme Court, and rightfully so on principle, that a plaintiff, in the statutory proceeding known in the legal parlance of this state as “a trial of the right of property” (Code,' § 6039 et seq.), must, among the other requisites essential to the making out of a prima facie case, present the process under which the levy on the property in controversy was made; and that, if it appears that this process is upon its face void (not merely voidable), the claimant can take advantage of the fact, and the plaintiff is not entitled to recover; for…
2Cases cited6 opinions
- Jackson v. BainSupreme Court of Alabama · 1883
- Sandlin v. Anderson, Green & Co.Supreme Court of Alabama · 1884
- Schamagel v. WhitehurstSupreme Court of Alabama · 1893
- Nordlinger v. GordonSupreme Court of Alabama · 1882
- Bradford & Sons v. BassettSupreme Court of Alabama · 1906
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