Albin v. Howard
Mississippi Supreme Court
From the circuit court of Holmes county. Howard, appellee, obtained a judgment against Mrs. Shoemaker, and caused an execution thereon to be levied upon a stock of merchandise which was claimed by Albin, appellant. A trial of the right of property was had, resulting in a verdict and judgment for the plaintiff in execution. The claimant appealed.
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From the circuit court of Holmes county. Howard, appellee, obtained a judgment against Mrs. Shoemaker, and caused an execution thereon to be levied upon a stock of merchandise which was claimed by Albin, appellant. A trial of the right of property was had, resulting in a verdict and judgment for the plaintiff in execution. The claimant appealed. Both parties asked peremptory instructions; the court below gave the one asked by the creditor, and refused that asked by the claimant. The other facts are sufficiently stated in the opinion of the court. It may be added, however, that the evidence…
1Opinion of the CourtWoods, C. J.
Undisputedly, Albin purchased the stock of goods with his own means; he rented or owned the house in which the business was conducted, and had sole and exclusive control and management of the same. The business was transacted by him, and the execution debtor appears never to have been in the store where the goods were found when levied upon, except on one occasion. The fact that Albín had the goods shipped in her name, that the privilege tax license was taken out by him in her name, and that he carried on the correspondence connected with the business in her name, all originally without her…
2Cases cited1 opinion
- Hamblet v. SteenMississippi Supreme Court · 1888