Mathis v. Thurman
Supreme Court of Alabama
. Appeal from the City Court of Talladega. Tried before the Hon. G-. K. Miller. This was a suit in detinue, brought on the 21st day of January, 1901, by the appellee, A. J. Thurman, against the appellant, J. D. Mathis, for certain tools. The evidence for the plaintiff on the trial showed that he purchased the tools, involved in the suit, as the property of one W. A. Bean, at a sale under an execution issued upon a judgment rendered in favor of A. J. Thurman against said IT.
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. Appeal from the City Court of Talladega. Tried before the Hon. G-. K. Miller. This was a suit in detinue, brought on the 21st day of January, 1901, by the appellee, A. J. Thurman, against the appellant, J. D. Mathis, for certain tools. The evidence for the plaintiff on the trial showed that he purchased the tools, involved in the suit, as the property of one W. A. Bean, at a sale under an execution issued upon a judgment rendered in favor of A. J. Thurman against said IT. A. Bean, June 18,1902; that, after plaintiff purchased and paid for the tools, they were turned over to him and remained…
1Opinion of the CourtAnderson, J.
The uncontradicted evidence of the defendant was that he bought the property in 1893, and still owns it, but that he turned it over to W. A. Bean, his son-in-law, and the defendant to the judgment under which plaintiff claims title as purchaser, and that the said Bean had been in possession by his consent ever since. While there was no proof of a technical loan, the proof brings the transaction within the terms of section 1013 of the Code of.1896, “Vesting the title in the person in possession under such a loan, as to purchasers and creditors of such person, after three years from the…
2Cases cited6 opinions
- Myers v. Peek's AdministratorSupreme Court of Alabama · 1841
- Carew v. Love's Adm'rSupreme Court of Alabama · 1857
- Ely v. BlackerSupreme Court of Alabama · 1895
- Durden v. McWilliamsSupreme Court of Alabama · 1857
- Carr v. LesterSupreme Court of Alabama · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Electrical Research Products v. FordSupreme Court of Alabama · 1933
- Kinney v. La FrangeAlabama Court of Appeals · 1955
- Citizens' Bank v. PearsonSupreme Court of Alabama · 1927