Southern Granite Co. v. Wadsworth
Supreme Court of Alabama
Appeal from the Circuit Court of Colbert. Tried before the Hon. J. B. Moore, Special Judge. This was a statutory action of detinue, brought by the appellant, the Southern Granite Company, against the appellee, Herbert Wadsworth, as receiver of Chapman, Beynolds & Co., suing to recover certain specifically described pieces of granite.
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Appeal from the Circuit Court of Colbert. Tried before the Hon. J. B. Moore, Special Judge. This was a statutory action of detinue, brought by the appellant, the Southern Granite Company, against the appellee, Herbert Wadsworth, as receiver of Chapman, Beynolds & Co., suing to recover certain specifically described pieces of granite. The defendant pleaded the following plea in abatement: “The said defendant by his attorney prays judgment of the complaint and that the same may be quashed, because he says that he is the receiver of Chapman, Reynolds & Co., duly appointed by the Circuit Court of…
1Opinion of the CourtHaralson, J.
Mr. High in his work on receivers, —section 5, — states a generally accepted rule in respect to receivers to be, that, ‘ ‘ A receiver being appointed for the preservation of the fund or property penciente lite, and for its ultimate disposal according to the rights and priorities of the parties entitled, the remedy is regarded as in the nature of a sequestration, rather than as an attachment of the property, and it ordinarily gives no advantage or priority to the person at whose instance the appointment is made, over other parties in interest. Nor does it change the title to or create any lien…
2Cases cited3 opinions
- Union Bank of Chicago v. Kansas City BankSupreme Court of the United States · 1890
- Gay, Hardie & Co. v. Brierfield Coal & Iron Co.Supreme Court of Alabama · 1891
- Talladega Mercantile Co. v. Jenifer Iron Co.Supreme Court of Alabama · 1893
3Cited by10 opinions
- Lawson v. WarrenSupreme Court of Oklahoma · 1912
- Sherrod v. StateAlabama Court of Appeals · 1916
- Oates v. SmithSupreme Court of Alabama · 1912
- Jewell v. JewellMissouri Court of Appeals · 1972
- H. C. Smith Coal Co. v. FinleyIndiana Supreme Court · 1921
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