King v. Central Hardware Co.
Supreme Court of Alabama
Appeal from Circuit Court, Covington County; A. H. Alston, Judge. Action by Central Hardware Company against A. G. Anderson for rent and advances, in which attachment was levied upon certain personal property, which was claimed by Henry King. On the trial of the claim suit there was judgment for plaintiff, and claimant appeals.
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Appeal from Circuit Court, Covington County; A. H. Alston, Judge. Action by Central Hardware Company against A. G. Anderson for rent and advances, in which attachment was levied upon certain personal property, which was claimed by Henry King. On the trial of the claim suit there was judgment for plaintiff, and claimant appeals. Transferred from Court of Appeals under Acts 1911, p. 450, § 6. The court admitted evidence of the value of the cotton, cotton seed, and corn; not only at tile time of the filing of the claim, but at various times between that time and the trial, and instructed the…
1Opinion of the CourtSayre, J.
[1] On the trial of the issue between the plaintiff and the claimant, the attachment having been sued out by the-plaintiff against the defendant to enforce the former’s alleged lien as landlord, the intervening claimant, who claimed as mortgagor, was entitled to have determined the question whether his lien or that of the plaintiff landlord should be first satisfied out of the property levied upon, and, in the event it was determined that plaintiff had the paramount lien, then to have determined the value of the property for which he (claimant) would have to account and for which the sureties…
2Cases cited2 opinions
- Bros. v. RussellSupreme Court of Alabama · 1916
- Samuel Gans Co. v. TysonSupreme Court of Alabama · 1910
3Cited by2 opinions
- King v. Central Hardware Co.Supreme Court of Alabama · 1920
- King v. Central Hardware Co.Alabama Court of Appeals · 1919