Inman, Smith & Co. v. Schloss
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the Hon. J. M. Carmichael. On December 28, 189G, the appellants, Inman, Smith & Co., commenced a suit by attachment against one J. Oppenheimer. The writ was executed by levying, on that day, upon certain merchandise in a storehouse in Enfatúa occupied by the defendant. After the levy, the appellee, IT.
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Appeal from the Circuit Court of Barbour. Tried before the Hon. J. M. Carmichael. On December 28, 189G, the appellants, Inman, Smith & Co., commenced a suit by attachment against one J. Oppenheimer. The writ was executed by levying, on that day, upon certain merchandise in a storehouse in Enfatúa occupied by the defendant. After the levy, the appellee, IT. Sehloss, interposed a claim to the property so levied upon, basing his right thereto upon a deed of assignment which had been executed to Mm by J. Oppenlieimer, the defendant in attachment, on December 28, 1896, in which deed, Sehloss, the…
1Opinion of the CourtHaralson, J.
— 1. One of the questions in the case was, whether or not an alleged levy by the sheriff on the goods in question, under a writ of attachment sued out by appellants against the defendant in attachment, one J. Oppenheimer, was prior and superior to a deed of assignment executed by the defendant at or about the same time of the alleged levy, conveying to the claimant, II. Scliloss, as trustee, the same goods for the benefit of specified creditors of said defendant. It is a question of competition for superiority betAveen the attaching creditors, and the assignee in trust of said goods. The…
2Cases cited15 opinions
- Holt & Chambers v. BancroftSupreme Court of Alabama · 1857
- Danner & Co. v. Brewer & Co.Supreme Court of Alabama · 1881
- Shealy v. EdwardsSupreme Court of Alabama · 1883
- Ellison v. MosesSupreme Court of Alabama · 1891
- Perry Insurance & Trust Co. v. FosterSupreme Court of Alabama · 1877
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