Seisel & Co. v. Folmar & Sons
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Hon. John B,. Tyson, On November 4, 1892, Folmar & Sons made affidavit and gave bond for the issuance of an attachment against one A. B. Burnett. The writ of attachment was regularly issued on November 14, 1892, and levied upon certain personal property, which was in the place of business occupied by said Burnett.
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Appeal from the Circuit Court of Pike. Tried before the Hon. John B,. Tyson, On November 4, 1892, Folmar & Sons made affidavit and gave bond for the issuance of an attachment against one A. B. Burnett. The writ of attachment was regularly issued on November 14, 1892, and levied upon certain personal property, which was in the place of business occupied by said Burnett. Upon the levy of this attachment, Seisel & Co. interposed a claim to the goods so levied upon, as required by statute, and issue was made for the trial of the light to the said property. Upon the trial of this issue, the…
1Opinion of the CourtBrickell, C. J.
It is a controlling principle in the statutory trial of the right of property, levied upon by attachment or execution, that the claimant must recover oil the strength of his own title; not because of the weakness or want of title in the defendant in the process. Nor can he be permitted to support his claim and defeat the levy, to show a title paramount to that of the defendant in the process in a third person, a stranger to the proceeding. If the correctness of these principles need vindication, it will be found in the unanswerable reasoning in the early case of McGrew v. Hart, 1 Port.…
2Cases cited8 opinions
- Abraham v. NicrosiSupreme Court of Alabama · 1888
- Weil v. McWhorterSupreme Court of Alabama · 1891
- Donaldson's Adm'r v. Waters' Adm'rSupreme Court of Alabama · 1857
- Gray v. RaibornSupreme Court of Alabama · 1875
- Seamans v. WhiteSupreme Court of Alabama · 1845
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3Cited by7 opinions
- Wilder v. BushSupreme Court of Alabama · 1917
- Slaughter v. WebsterSupreme Court of Alabama · 1915
- Arnold v. CoferSupreme Court of Alabama · 1902
- Lightman Bros. & Goldstein v. EpsteinSupreme Court of Alabama · 1909
- Stinson v. Faircloth-Byrd Co.Alabama Court of Appeals · 1911
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