Elliott v. Palmer
Alabama Court of Appeals
Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. R. H. Palmer had judgment against J. H. Elliott, and had execution thereon levied upon certain property, to which the Jasper Land Company interposed a claim alleging that it was the property of the land company under a sale to Elliott in which the land company retained title until the purchase price was fully paid.
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Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. R. H. Palmer had judgment against J. H. Elliott, and had execution thereon levied upon certain property, to which the Jasper Land Company interposed a claim alleging that it was the property of the land company under a sale to Elliott in which the land company retained title until the purchase price was fully paid. Judgment for plaintiff condemning the property to the satisfaction of his execution, and claimant appeals. 'Under the contract of sale title did not vest in the Elliotts to the mule in question, so long as the…
1Opinion of the CourtWalker, P. J.
The controversy in this case is between the plaintiff (appellee here), who had had an execution in his favor levied on personal property, and *485a claimant of that property, from whom the defendant in the execution had acquired possession under a verbal sale of it, by the terms of which the vendor (the claimant) retained title until the purchase price should he paid, which had not been done. The judgment on which the execution issued was recovered several years before the defendant acquired possession of the property under the conditional sale of it to him. The appellant (the claimant below)…
2Cases cited3 opinions
- Chadwick v. CarsonSupreme Court of Alabama · 1884
- Carew v. Love's Adm'rSupreme Court of Alabama · 1857
- Brassell v. FiskSupreme Court of Alabama · 1907
3Cited by3 opinions
- Gayle Motor Co. v. Gray-Acree Motor Co.Supreme Court of Alabama · 1921
- Harris v. Leeth Nat. BankAlabama Court of Appeals · 1925
- Decatur Fertilizer Co. v. Decatur Motors, Inc.Alabama Court of Appeals · 1930