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170 Ala. 232

Goodbar v. Blackwell

Supreme Court of Alabama

Decided February 2, 1911

Supreme Court of Alabama · decided 1911-02-02

Heard before Hon. James J. Ray. Goodbar & Company recovered judgment against L. B. McNamee, and bad the same recorded in Winston county. The judgment contained waiver of exemptions. Execution was issued on said judgment and levied upon certain goods and merchandise, which were claimed by S. K. Blackwell under purchase from said McNamee. On trial of right of property, the court directed a verdict for claimant and the plaintiff in execution appeals.

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded · Decided 1911-02-02

How this case has been cited

Cited by 6 later decisions — most recently September 1990

6 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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McCLELLAN, J.

¶1The plaintiff in execution (appellant) was due the affirmative charge requested by it, and, on the other hand, it was error to give the affirmative charge for the claimant (appellee). The plaintiff’s judgment was recorded, as provided in the Code (section 4156), and thereupon operated to impose a lien on the property of the defendant in execution, in the county where filed, according to the provisions of the Code (section 4157). The purchaser (appellee) of the personal property, subsequent to the recordation stated, took it subject to the lien provided, and could not pre*234vail ¡against tbe. enforcement, of tbe- execution ■issued on thatrecorded. judgment. : .

¶2.Tbe lien -treated in Code 1907, ¡§ 4093, is tbe lien of tbe execution,- a distinct5charge.front that- imposed- by Code 1907, § 4157, upon all of tbe property.-of- tbe'defendant in tbe judgment in tbe county where it is properly recorded;5 There is no conflict or'inbarmony between Code, sections 4093 and 4157. • :

¶3■'Reversed and remanded:

Dowdell, G. - J., -and ’Simpson, Anders'on, Mayfield, Sayrbj ahd Somerville, JJ., concur.'.
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