Wetzler v. Kelly & Co.
Supreme Court of Alabama
Appeal from tbe Circuit Court of Geneva. Tried before tbe Hon. Jesse M. Carmichael. Tbis was a statutory trial of tbe right of property in and to 3,000 lbs. of seed-cotton, between S. A. Wetzler, plaintiff in execution against J. L. Wrigbt, and G. W. Kelly & Co. as claimants; and was submitted for decision in tbe court below on an agreed statement of facts, as follows: “G. W. Kelly & Co., claimants, beld a mortgage on tbe crops of said J. L. Wrigbt, for tbe year 1886, wbicb…
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Appeal from tbe Circuit Court of Geneva. Tried before tbe Hon. Jesse M. Carmichael. Tbis was a statutory trial of tbe right of property in and to 3,000 lbs. of seed-cotton, between S. A. Wetzler, plaintiff in execution against J. L. Wrigbt, and G. W. Kelly & Co. as claimants; and was submitted for decision in tbe court below on an agreed statement of facts, as follows: “G. W. Kelly & Co., claimants, beld a mortgage on tbe crops of said J. L. Wrigbt, for tbe year 1886, wbicb was executed on tbe lltb January, 1886, became due on tbe 1st October, and was duly recorded. Some time in October,…
1Opinion of the CourtStone, C. J.
It is manifest that the present judgment *442must be reversed, unless the facts which occurred when Whaley visited Wright in September, or the act “to amend section one of an act entitled an act to amend section 3341 of the Code,” works a change of the rights of the parties. The statute was” approved February 28, 1887. — Sess. Acts, 150; Code of 1886, § 3004; Columbus Iron Works Co. v. Renfro, 71 Ala. 577; Marks v. Robinson, 82 Ala. 69.
Wetzler, the appellant, claimed a lien on the cotton in controversy, under an execution issued on a judgment against one Wright, and which was levied on the…
2Cases cited12 opinions
- Heirs of Holman v. Bank of NorfolkSupreme Court of Alabama · 1847
- Jackson v. BainSupreme Court of Alabama · 1883
- Marks v. Robinson & LedyardSupreme Court of Alabama · 1886
- Coosa River Steamboat Co. v. BarclaySupreme Court of Alabama · 1857
- Alabama Life Insurance & Trust Co. v. BoykinSupreme Court of Alabama · 1863
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Board of Revenue of Jefferson County v. HewittSupreme Court of Alabama · 1921
- Duy v. Alabama Western Railway Co.Supreme Court of Alabama · 1911
- Wisdom v. ReevesSupreme Court of Alabama · 1895
- State Commission in Lunacy v. WelchCalifornia Court of Appeal · 1912
- Dickens v. DickensSupreme Court of Alabama · 1911
6 more not listed; retrieve them via the Exa API.