NOLIN v. STATE

6 Div. 553.

64 So.2d 103 (1953)

NOLIN v. STATE.

Supreme Court of Alabama.


Attorney(s) appearing for the Case

Si Garrett, Atty. Gen., and Gordon Madison, Asst. Atty. Gen., for the petition.

Johnson & Randall, Oneonta, opposed.


STAKELY, Justice.

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.

LAWSON, GOODWYN and MERRILL, JJ., concur.


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