Opinion
6 Div. 553.
March 26, 1953.
Appeal from the Circuit Court, Blount County.
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.
LAWSON, GOODWYN and MERRILL, JJ., concur.