60 So. 474 | Ala. Ct. App. | 1912
In the trial of a claim suit in the court below involving certain chattels, it was insisted by the plaintiffs that the property was subject to an execution in their favor against one Gilbreath, the defendant, and the claimant denied this and set up title in himself under certain mortgages executed by Gilbreath to him, under which he had taken possession of the property on the mortgage debt.
The plaintiffs proved on the trial in the claim suit that the complaint in the suit in AAdiich they had recovered judgment Avas against John A. Gilbreath; that he executed the notes sued upon; that he Avas served Avith process; that the execution Avas against him; and that John H. Gilbreath was not sued and had nothing to do Avith the suit in Avhich judgment Avas rendered in favor of the plaintiffs. It aauis also shoAvn by the evidence that there lived in the vicinity of Albertville, Marshall county, Ala., AAdiere the transaction Avas had, three John Gilbreaths, viz., John A. Gilbreath, the party really in question and the OAvner of the property, and against Avhom and through AAdiom both parties claim the property, a John IT. Gilbreath, Avho resided in DeKalb county, about eight miles- from Albertville, purchasing goods and marketing his farm products there, and one John Gilbreath, aaTio resided at Guntersville, in Marshall county.
Reversed and remanded.