Pilcher v. Hickman
Supreme Court of Alabama
Appeal from Henry Circuit Court. Tried before Hon. John P. Hubbard. Action of trover by T. B. Hickman against J. M. Pilcher. The defendant pleaded the general issue and justification under process, in the form of an execution issued upon a judgment against one T. H. Hickman, plaintiff’s father, which was levied by defendant as sheriff upon a mule in the possession of said T. H. Hickman, and the mule was duly sold thereunder. The opinion states the facts.
Read the full summary
Appeal from Henry Circuit Court. Tried before Hon. John P. Hubbard. Action of trover by T. B. Hickman against J. M. Pilcher. The defendant pleaded the general issue and justification under process, in the form of an execution issued upon a judgment against one T. H. Hickman, plaintiff’s father, which was levied by defendant as sheriff upon a mule in the possession of said T. H. Hickman, and the mule was duly sold thereunder. The opinion states the facts. From a judgment for plaintiff defendant appeals, assigning as error the refusal of the general affirmative charge in his behalf. cited…
1Opinion of the CourtTyson, J.
— Action of trover, originally commenced against sheriff and purchaser at execution sale. The complaint ivas amended by striking out the purchaser as party defendant and judgment was obtained against the other defendant, Avho prosecutes this appeal.
The evidence shows, without dispute, that the execution was regular on its face and issued out of the circuit court of Henry county; and that it was levied upon the mule found in the possession of the plaintiff’s father, who was the defendant in execution. That the *576mule bad been in bis possession ever since tbe plaintiff claims to' bave owned it —…
2Cited by5 opinions
- Ewart Lumber Co. v. American Cement Plaster Co.Alabama Court of Appeals · 1913
- Bowler v. VannoyNevada Supreme Court · 1950
- Planters' Chemical & Oil Co. v. DanielSupreme Court of Alabama · 1923
- Smith v. Alabama Great Southern R. Co.Supreme Court of Alabama · 1924
- Bowler v. VannoyNevada Supreme Court · 1950