Roswald & Stoll v. Hobbie & Teague
Supreme Court of Alabama
Appeal from tbe Circuit Court of Autauga. Tried before tbe Hon. James W. Lapsley. Tbis was a statutory trial of the right of property in and to a stock of goods, wares and merchandise, between Eoswald & Stoll, plaintiffs in attachment against D. W. Eawlinson, and Hobbie & Teague as claimants. The plaintiffs’ attachment was sued out on the 20th December, 1886, and was levied, on the stock of goods on the same day, in the storehouse then occupied by said Rawlinson.
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Appeal from tbe Circuit Court of Autauga. Tried before tbe Hon. James W. Lapsley. Tbis was a statutory trial of the right of property in and to a stock of goods, wares and merchandise, between Eoswald & Stoll, plaintiffs in attachment against D. W. Eawlinson, and Hobbie & Teague as claimants. The plaintiffs’ attachment was sued out on the 20th December, 1886, and was levied, on the stock of goods on the same day, in the storehouse then occupied by said Rawlinson. The store was closed when the sheriff went to make the levy, and he waited until Rawlinson came up, who was accompanied by one…
1Opinion of the CourtStone, C. J.
The present suit was what is known in our jurisprudence as a trial of the right of property. Bawlinson had formerly owned the merchandise which is the subject of the controversy, and the testimony leaves but little, if any doubt, that both appellants and appellees were creditors. ’ Boswaldt& Stoll sued out an attachment against Bawlinson, which was levied on the merchandise about ten o’clock, a. m., December 20, 1886. The claim of Hobbie & Teague is, that earlier on the same morning, Bawlinson sold and conveyed the goods to them in payment of the debt he owed them, delivered them, and that…
2Cases cited12 opinions
- Crawford v. KirkseySupreme Court of Alabama · 1876
- Hodges Bros. v. Coleman & CarrollSupreme Court of Alabama · 1884
- Adler v. PotterSupreme Court of Alabama · 1877
- Hirschfelder v. Levy & Co.Supreme Court of Alabama · 1881
- Rhodes & Broadfoot v. SmithSupreme Court of Alabama · 1880
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3Cited by16 opinions
- Atherton v. EmersonMassachusetts Supreme Judicial Court · 1908
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- Dollins & Adams v. Pollock & Co.Supreme Court of Alabama · 1889
- Bolling & Son v. Vandiver & Co.Supreme Court of Alabama · 1890
- Bros. v. RussellSupreme Court of Alabama · 1916
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