Legal Opinion

Jackson v. Wilson Bros.

Supreme Court of Alabama

Decided April 18, 1918No. 5 Div. 694PublishedCited by 6 opinions

Appeal from Circuit Court, Coosa County; S. L. Brewer, Judge. Statutory claim suit by J. C. Jackson against Wilson Bros. Judgment for claimant, and plaintiff appeals. Transferred from the Court of Appeals under section 6, p. 449, Act of April 18,1911.

1Opinion of the CourtMayfield, J.

This is a statutory claim suit, for the trial of right of property to chattels between appellant, an execution creditor, and appellee, the assignee of a mortgage. Code, c. 144, §§ 6039-6053. Both parties claimed title through a common source; one as an execution creditor, the other as assignee of a mortgage. The mortgage was prior in date to any judgment or execution lien, and, if valid, passed the title by assignment to appellee, the claimant.

It is insisted in argument by appellant, the plaintiff, that it was not shown that the mortgage was recorded in the county of the residence of the…

2Cases cited1 opinion

  1. Hill v. RentzSupreme Court of Alabama · 1918

3Cited by6 opinions

  1. Stearnes v. WoodallSupreme Court of Alabama · 1928
  2. Birmingham News Co. v. Barron G. Collier, Inc.Supreme Court of Alabama · 1925
  3. Choctaw Bank v. DearmonSupreme Court of Alabama · 1931
  4. Scharnagel v. QuinnSupreme Court of Alabama · 1930
  5. W. T. Martin's Administrators v. HudsonAlabama Court of Appeals · 1954

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