Davis v. Allen

Opinion of the Court by

Judge Tilford

Reversing.

The appellants obtained a judgment against the appellees James D. Allen and his wife, Debbie D. Allen, for $800 and costs, and on April 23, 1937, caused an execution which had been issued on March 31, 1937, to be levied on a ten-acre tract of land in Fayette County standing in James D. Allen’s name. The tract was improved by a residence in which Allen resided with his wife’s parents, the appellees J. W. Spaulding and Mary Bell Spaulding. Sometime prior to April 20, 1937, according to the testimony of Spaulding, Nolan Carter, appellants’ attorney,…