Birmingham Dry Goods Co. v. Roden & Co.
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. The appellant, the Birmingham Dry Goods Company, sued out an attachment against W. J. Kelso, which was levied upon a stock of goods in possession of said Kel-so, at the place where he had been accustomed to do business . Upon the levy of this attachment, the appellees, B. F. Roden & Co. interposed a claim to said property, in accordance with the provisions of the statute ; and an issue was…
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. The appellant, the Birmingham Dry Goods Company, sued out an attachment against W. J. Kelso, which was levied upon a stock of goods in possession of said Kel-so, at the place where he had been accustomed to do business . Upon the levy of this attachment, the appellees, B. F. Roden & Co. interposed a claim to said property, in accordance with the provisions of the statute ; and an issue was thereupon formed to try the right to the property so levied upon. The facts of the case, showing the basis of the claim of the…
1Opinion of the CourtHead, J.
A question of prime importance, in this case is, whether a mortgage executed by the defendant, Kelso, to the claimants, Roden & Co., is to be declared void as to creditors, upon the undisputed evidence. Kel-so was a meróhant at Pratt Mines, in Jefferson Co., Ala., and the mortgaged property consisted of the stock of goods which he had been using in carrying on his business as such. The law day was fixed at February 18th, 1893, the mortgage being executed oh January 25th, 1893. There is no express stipulation to that effect, but it is implied, that Kelso should continue in possession of the…
2Cases cited9 opinions
- Lukins v. AirdSupreme Court of the United States · 1867
- Sims v. GainesSupreme Court of Alabama · 1879
- McGhee v. Importers & Traders National BankSupreme Court of Alabama · 1890
- Bryant v. YoungSupreme Court of Alabama · 1852
- Stephens v. Regenstein & Co.Supreme Court of Alabama · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Roden & Co. v. Norton & Co.Supreme Court of Alabama · 1900
- Steiner v. ScholzeSupreme Court of Alabama · 1896
- Gray & Dudley Hardware Co. v. GuthrieSupreme Court of Alabama · 1917
- Lewis v. Bank of MobileSupreme Court of Alabama · 1920
- American Trust & Savings Bank v. O'BarrAlabama Court of Appeals · 1914
1 more not listed; retrieve them via the Exa API.