Drennen Co. Department Stores v. Brown

Section 10379, Code •of 1923, provides that:

“When the claim interposed [in trial of right ■of property] is based on a mortgage or lien the claimant must state in his affidavit the nature of the right which he claims.”

In Hall, etc., Co. v. Haley, etc., Co., 174 Ala. 190, 195, 56 So. 726, 728 (L. R. A. 1918B, 924) we said:

“A claimant who fails to thus propound the nature of his claim cannot be allowed to support it by evidence of either mortgage or lien. This conclusion was announced by this Court in the case of Ivey v. Coston, 134 Ala. 259, 82 South. 664, cited with approval in Bennett v.…