Nolin v. State
This text of 64 So. 2d 103 (Nolin v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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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Cite This Page — Counsel Stack
64 So. 2d 103, 258 Ala. 589, 1953 Ala. LEXIS 129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nolin-v-state-ala-1953.