Bush v. Henry
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. Tried before the Hon. John B. Tally. This was a statutory trial of the right of property in and to a yoke of oxen, between Albert G. Henry, plaintiff in execution against Calvin Bush, and Mrs. Minerva Bush, the wife of said Calvin, as claimant; and originated in a justice’s court, where the claim was filed on the 21st May, 1886. On the trial in the Circuit Court, the bill of exceptions purporting to set out all the evidence adduced,…
Read the full summary
Appeal from the Circuit Court of Marshall. Tried before the Hon. John B. Tally. This was a statutory trial of the right of property in and to a yoke of oxen, between Albert G. Henry, plaintiff in execution against Calvin Bush, and Mrs. Minerva Bush, the wife of said Calvin, as claimant; and originated in a justice’s court, where the claim was filed on the 21st May, 1886. On the trial in the Circuit Court, the bill of exceptions purporting to set out all the evidence adduced, the court charged the jury that, “if they believed the evidence, they must find for the plaintiff in execution.” The…
1Opinion of the CourtStone, C. J.
The only question in this case is, whether Mrs. Bush, a married woman, has shown such a title to the oxen in controversy, as will maintain her claim in the present suit, which is a trial of the right of property. This is a statutory action under our jurisprudence; and the burden of proof is primarily on the plaintiff in execution or attachment. When, however, he makes a prima facie case of property in the defendant, the burden then shifts, and the claimant must prove a paramount title in himself. And to avail, the title must be legal, not equitable. — Foster v. Goodwin, 82 Ala. 384; Loeb v.…
2Cases cited10 opinions
- Daffron v. CrumpSupreme Court of Alabama · 1881
- Powe v. McLeod & Co.Supreme Court of Alabama · 1884
- Evans v. EnglishSupreme Court of Alabama · 1878
- Gans v. WilliamsSupreme Court of Alabama · 1878
- Pollak & Co. v. GravesSupreme Court of Alabama · 1882
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bruce v. BruceSupreme Court of Alabama · 1891
- Birmingham & Atlantic A. R. R. Co. v. L. &. N. R. R. Co.Supreme Court of Alabama · 1907
- Allen v. HamiltonSupreme Court of Alabama · 1895
- First State Bank of Lineville v. Deeb (In Re Deeb)United States Bankruptcy Court, N.D. Alabama · 1985
- Swint v. StateAlabama Court of Appeals · 1912