Nolin v. State, 6 Div. 553
| Decision Date | 26 March 1953 |
| Docket Number | 6 Div. 553 |
| Citation | 258 Ala. 589,64 So.2d 103 |
| Parties | NOLIN v. STATE. |
| Court | Alabama Supreme Court |
Si Garrett, Atty. Gen., and Gordon Madison, Asst. Atty. Gen., for the petition.
Johnson & Randall, Oneonta, opposed.
Petitioner insists that Wiley v. State, 16 Ala.App. 93, 75 So. 641, cited by the Court of Appeals in support of its position, is an authority dealing with § 362, Title 14, Code of 1940, and not § 363, Title 14, Code of 1940. However that may be, the authorities appear to hold that in order to make out a case under § 363, among other things, it is necessary to show that the indebtedness secured by the lien was unpaid. McWhorter v. State, 16 Ala.App. 168, 76 So. 325; Cox v. State, 25 Ala.App. 38, 140 So. 617.
Writ denied.
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4 cases
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Farris v. State
...or defraud which might otherwise arise from a sale or purported sale. Nolin v. State, 37 Ala.App. 47, 64 So.2d 102, see also at 258 Ala. 589, 64 So.2d 103; Cox v. State, 25 Ala.App. 38, 140 So. If the instrument had been silent as to sale, we should have come to the same conclusion because ......
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Taylor v. State
...intent to hinder, delay, or defraud which might otherwise be inferable from a sale. Nolin v. State, 37 Ala.App. 47, 64 So.2d 102; 258 Ala. 589, 64 So.2d 103; Farris v. State, 41 Ala.App. 51, 130 So.2d Ordinarily parol evidence to vary a written agreement purporting to be complete is inadmis......
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Cook v. State, 6 Div. 330
...cases cannot rest on "surmise, speculation, and guesswork." Nolin v. State, 37 Ala.App. 47, 48, 64 So.2d 102, cert. denied, 258 Ala. 589, 64 So.2d 103 (1953). "[N]o rule is more fundamental or better settled than that convictions cannot be predicated upon surmise, speculation, and suspicion......
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Chestang v. Burns, 1 Div. 498
...... In State ex rel. Farmer v. Board of School Com'rs of Mobile County, 226 Ala. 62, ......