Gray v. Raiborn
Supreme Court of Alabama
Appeal from Pike Circuit Court. Tried before Hon. J. McCaleb Wiley. Attachment at the suit of E. A. & J. E. Raiborn against one Williams, was levied on ten thousand pounds of seed cotton, as his property. Gray also claimed the cotton, and interposed his claim, under the statute, to try the right of property.
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Appeal from Pike Circuit Court. Tried before Hon. J. McCaleb Wiley. Attachment at the suit of E. A. & J. E. Raiborn against one Williams, was levied on ten thousand pounds of seed cotton, as his property. Gray also claimed the cotton, and interposed his claim, under the statute, to try the right of property. There was a trial of the right of property, as appears by a minute entry, as follows: “ E. A. & J. E. Raiborn') On this, ninth day of Ocv. tober, 1872, comes the par-13. S. Williams, > ties by their attorneys; then defendant in attachment; comes a jury of good and Parker Gray, claimant. J…
1Opinion of the CourtBrickell, C. J.
1. It has long since ceased to be an error or irregularity working a reversal of a judgment, that the record does not disclose a formal issue between the parties. It is presumed from the recital, that a jury came and were empanelled to tiy the issue joined. Especially should this presumption be indulged, when the proceeding is a trial of the right of property under the statute, capable only of a single issue, clearly prescribed. Hall v. Dargan, 4 Ala. 696; Lucas v. Hitchcock, 2 Ala., 287; Dent v. Smith, 15 Ala., 286.
2. The proper judgment was a condemnation of the property to the satisfaction…
2Cases cited3 opinions
- Lucas v. HitchcockSupreme Court of Alabama · 1841
- Dent v. SmithSupreme Court of Alabama · 1849
- Hall v. DarganSupreme Court of Alabama · 1843
3Cited by11 opinions
- Tobias & Co. v. Treist & Co.Supreme Court of Alabama · 1893
- Wilder v. BushSupreme Court of Alabama · 1917
- Cooper v. OwenSupreme Court of Alabama · 1935
- Wollner & Lowenstein v. Lehman, Durr & Co.Supreme Court of Alabama · 1887
- Myers v. Conway & Co.Supreme Court of Alabama · 1890
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