Pritchett v. Pollock & Co.
Supreme Court of Alabama
Appeal from tbe Circuit Court of Wilcox. Tried before tbe Hon. John Moore. This was a statutory trial of the right of property in and to a stock of goods, between J..Pollock & Co., plaintiffs in attachment against McOaskey & Ratcliff, and D. S. Pritchett as claimant.
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Appeal from tbe Circuit Court of Wilcox. Tried before tbe Hon. John Moore. This was a statutory trial of the right of property in and to a stock of goods, between J..Pollock & Co., plaintiffs in attachment against McOaskey & Ratcliff, and D. S. Pritchett as claimant. The stock of goods had belonged to said Mc-Caskey & Eatcliff, and the plaintiffs’ attachment was levied on them on the Dth January, 1886. The claimant derived title under a purchase by him from said McCaskey & Eatcliff, as evidenced by a bill of sale dated January 7th, 1886, which recited as its consideration the payment of…
1Opinion of the CourtStone, C. J.
— There .does not appear to be any controversy as to the facts of this case. The witnesses are substantially agreed as to every material question. J. Pollock & Co. were attaching creditors of McCaskey & Eatcliff, who had been partners in merchandise. The amount'and bona fides of their claim are not disputed. It ante-dated the conveyance to Pritchett, after noticed. Pritchett interposed a claim to the property attached, and a trial at law ensued, called in our jurisprudence a “trial of the right of property.” There were verdict and judgment for the plaintiffs in attachment, and Pritchett, the…
2Cases cited18 opinions
- Crawford v. KirkseySupreme Court of Alabama · 1876
- Hodges Bros. v. Coleman & CarrollSupreme Court of Alabama · 1884
- Wilson v. . RobertsonNew York Court of Appeals · 1860
- Lukins v. AirdSupreme Court of the United States · 1867
- Lehman, Durr & Co. v. Kelly & Bro.Supreme Court of Alabama · 1880
13 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Bienville Water Supply Co. v. City of MobileSupreme Court of Alabama · 1899
- Manchuria S. S. Co. v. Harry G. G. Donald & Co.Supreme Court of Alabama · 1917
- Pollak v. SearcySupreme Court of Alabama · 1887
- Groetter, Weil & Co. v. Norman Bros.Supreme Court of Alabama · 1894
- Glass v. Meyer, Son & Co.Supreme Court of Alabama · 1899
22 more not listed; retrieve them via the Exa API.