Ross v. Lawson
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Hon. .John R. Tyson. This was a statutory claim suit, which was instituted by Mrs. J. R. Lawson interposing a claim to certain household furniture, which had been levied upon under an execution issued upon a judgment recovered by M. J. Ross, the appellant, against J. R. Lawson, the husband of the claimant.
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Appeal from the Circuit Court of Pike. Tried before the Hon. .John R. Tyson. This was a statutory claim suit, which was instituted by Mrs. J. R. Lawson interposing a claim to certain household furniture, which had been levied upon under an execution issued upon a judgment recovered by M. J. Ross, the appellant, against J. R. Lawson, the husband of the claimant. On the trial of the case, as is shown by the bill of exceptions, S. M. Reeves was introduced as a witness for the plaintiff, and testified that he was the deputy sheriff of Pike county, and levied the execution in this case ; that he…
1Opinion of the CourtHaralson, J.
1. The authorities hold, that in the case of the trial of the right of property levied on under execution, to which a claim has been interposed under the statute, the plaintiff makes a prima facie case, entitling him to a verdict; when he shows that the defendant in execution was in the possession of the property at the time it was levied and seized by the officer under the execution. ' The burden is then cast upon the claimant to show title in himself.—Shahan v. Herzberg, 73 Ala. 62; Jackson v. Bain, 74 Ala. 330.
2. The charge requested by the plaintiff, which raises the only question…
2Cases cited1 opinion
- Jackson v. BainSupreme Court of Alabama · 1883
3Cited by4 opinions
- Lokey v. WardSupreme Court of Alabama · 1934
- Horton v. SpearsSupreme Court of Alabama · 1939
- American Trust Co. of Nashville, Tenn. v. HannaAlabama Court of Appeals · 1923
- Barnes v. MontgomeryAlabama Court of Appeals · 1934