Auburn Sales Co. v. State

The Auburn automobile here involved was seized in the city of Birmingham by an officer when discovered with prohibited liquors therein. That it was subject to seizure is not questioned. The Auburn Sales Company interposed claim thereto, and upon the hearing before the chancellor the car was condemned for sale, from which decree the claimant appeals.

Under the rule recognized as applicable to this statute (section 4778, Code of 1923), if claimant had no notice or knowledge that the car was to be used for any unlawful purpose, or no notice or knowledge of any fact calculated to excite suspicion,…