Eldridge v. Grice
Supreme Court of Alabama
Appeal from the Circuit Court of Henry. Tried before the Hon. John P. Hubbard. The appellee, John Grice, recovered a judgment against W. T. Eldridge and C. B. Searcy. On this ■judgment execution was issued and levied upon a bale of cotton.
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Appeal from the Circuit Court of Henry. Tried before the Hon. John P. Hubbard. The appellee, John Grice, recovered a judgment against W. T. Eldridge and C. B. Searcy. On this ■judgment execution was issued and levied upon a bale of cotton. Thereupon the claimant, Mary W. Eld-ridge, the wife of the defendant in execution, interposed a claim to said cotton so levied upon; and upon the interposition of this claim, trial was had upon issue joined to determine the right to the property so levied upon. The facts of- the case are sufficiently stated in the opinion. Upon the introduction of all the…
1Opinion of the CourtHaralson, J.
— This was a suit for the trial of the right of property under the statute.
That the property had been duly levied on is shown by the affidavit for claimant and her claim bond, which estop her to deny a proper levy.—Schamagel v. Whitehurst, 103 Ala. 260.
The plaintiff introduced the constable, who testified that on 15th September, 1900, .lie levied an execution *669from a. justice’s court in the county of Henry issued, on a judgment therein, in favor of the plaintiff, against the defendant, N. T. Eldridge, and one O. B. Searcy, on the hale of cotton involved in this suit; that at the time of the…
2Cases cited4 opinions
- Schamagel v. WhitehurstSupreme Court of Alabama · 1893
- Jones v. FranklinSupreme Court of Alabama · 1886
- Beasley v. StateSupreme Court of Alabama · 1882
- Vaught v. Oehmig & WiehlSupreme Court of Alabama · 1891
3Cited by6 opinions
- Bromberg v. First Nat. Bank of MobileSupreme Court of Alabama · 1937
- Brown v. FrenchSupreme Court of Alabama · 1909
- Lokey v. WardSupreme Court of Alabama · 1934
- Bradford & Sons v. BassettSupreme Court of Alabama · 1906
- Ballard v. BakerSupreme Court of Alabama · 1933
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