Hatchett v. Molton
Supreme Court of Alabama
Ai’mcal from the Circuit Court of Montgomery. Tried before the ITon. John P. Hubbard. This action was brought by Thomas Molton, against'Wm. T. Hatchett., to recover a sum of money which had been paid over to the defendant by Jeff. Falkner, and which he had received as attorney of record for A. J. Terrell et al., under a judgment in favor of said Terrell et al. v. Cunningham.
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Ai’mcal from the Circuit Court of Montgomery. Tried before the ITon. John P. Hubbard. This action was brought by Thomas Molton, against'Wm. T. Hatchett., to recover a sum of money which had been paid over to the defendant by Jeff. Falkner, and which he had received as attorney of record for A. J. Terrell et al., under a judgment in favor of said Terrell et al. v. Cunningham. The bill of exceptions purports to set out all the evidence, and shows that each of the parties claimed the money under a transfer or assignment by said Terrell, who was indebted to each of them. The defendant claimed…
1Opinion of the Court
STONE, O. J.
— Terrell recovered a sum of money from Cunningham, which was received by Terrell’s counsel, and paid by him to Hatchett, the defendant in this suit. Hatchett was a creditor of Terrell, and he asserts the right to receive and hold the money, on the following alleged state of facts: That before the suit was brought against Cunningham, there was an agreement and contract by which Terrell transferred to Hatchett whatever sum might be recovered from Cunuingham, in payment of the debt Terrell owed to Hatchett. Under this alleged contract, counsel had paid the money to Hatchett.
The…
2Cited by9 opinions
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