Horton v. Hovater
Alabama Court of Appeals
Appeal from Franklin Circuit Court. Heard before Hon. C. P. Almon. H. H. Horton recovered a judgment against .George F. McAllister, had execution thereon which was levied upon the equity of redemption of said McAllister, in two mules, it being further shown by the execution that the mules were in possession of defendant, and on which Jesse Hovater claimed to hold a mortgage.
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Appeal from Franklin Circuit Court. Heard before Hon. C. P. Almon. H. H. Horton recovered a judgment against .George F. McAllister, had execution thereon which was levied upon the equity of redemption of said McAllister, in two mules, it being further shown by the execution that the mules were in possession of defendant, and on which Jesse Hovater claimed to hold a mortgage. Hovater came in and propounded his claim, and on issue joined the court rendered judgment dismissing the cause and taxing claimant with the cost, and plaintiff appeals. It was agreed between the parties that Horton had a…
1Opinion of the CourtThomas, J.
Our statute (Code, § 4091, subds. 2, 3), in defining what right or interest, less than the absolute title, a -defendant may have in personal property that is the subject of levy and sale under execution, limits it to an “equity of redemption” and to a “right to the possession [of the property] for his own life, the life of another, or any shorter period” other than a mere “right of possession acquired by a bona fide hiring.” — Code, § 4091, subds. 2, 3.
Every defendant has in property which he has mortgaged before the foreclosure of the mortgage, at least an equity of redemption, as this is a…
2Cases cited11 opinions
- Bingham v. VandegriftSupreme Court of Alabama · 1890
- Heflin v. SlaySupreme Court of Alabama · 1884
- Marriott v. GivensSupreme Court of Alabama · 1845
- Louisville & Nashville Railroad v. MitchellSupreme Court of Alabama · 1901
- Terry v. Allen Bros.Supreme Court of Alabama · 1902
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3Cited by1 opinion
- Moody v. United States Fidelity & Guaranty Co.Supreme Court of Alabama · 1931