Alexander Bros. v. King & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Colbert. Tried before tbe Hon. Henry C. Speake. This was a contest between Alexander Brothers and E. R. King & Co., attaching creditors of Paul C. Jones, involving their respective rights to the proceeds of sale of the attached property, in the hands of the sheriff.
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Appeal from the Circuit Court of Colbert. Tried before tbe Hon. Henry C. Speake. This was a contest between Alexander Brothers and E. R. King & Co., attaching creditors of Paul C. Jones, involving their respective rights to the proceeds of sale of the attached property, in the hands of the sheriff. On motion of E. R. King & Co., whose attachment was levied after that of Alexander Brothers, the court awarded the money to them; and this judgment, to which an exception was reserved by Alexander Brothers, is here assigned as error. cited Code, § 2605; Hall v. Cook, 69 Ala. 88; Morris v. Hillery,…
1Opinion of the CourtClopton, J.
On motion of appellees, the Circuit Court made -an order, that the proceeds of the sale of personal *643property, levied on by the attachments sued out by appellants and appellees, respectively, against Paul C. Jones, be applied to the payment of the judgment which the latter recovered March 20, 1889, in uheir attachment suit. The attachment of Alexander Bros, was first sued out and levied, and, so far as the record discloses, is still pending. It has the prior lien, unless some valid reason is shown why it should be displaced in favor of the lien of the attachment of F. B>. King & Co. The reason…
2Cases cited4 opinions
- Duramus v. HarrisonSupreme Court of Alabama · 1855
- Buchanan v. ThomasonSupreme Court of Alabama · 1881
- Lacy v. Le BruceSupreme Court of Alabama · 1844
- Hall v. CookSupreme Court of Alabama · 1881
3Cited by3 opinions
- Dollins & Adams v. Pollock & Co.Supreme Court of Alabama · 1889
- Alexander Bros. v. JonesSupreme Court of Alabama · 1890
- Carrera v. del Pilar HnosDistrict Court, D. Puerto Rico · 1916