Hartshorn v. Williams
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the Hon. C. W. Rapier. This actiou was • brought by Samuel IT. Hartshorn against G-eorge W. Williams, to recover damages for the conversion of a stock of goods, on which the defendant, as sheriff had levied an attachment.
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Appeal from the Circuit Court of Barbour. Tried before the Hon. C. W. Rapier. This actiou was • brought by Samuel IT. Hartshorn against G-eorge W. Williams, to recover damages for the conversion of a stock of goods, on which the defendant, as sheriff had levied an attachment. The plaintiff claimed the goods under a conveyance from James M. Hamilton, while the attachment levied on them by the defendant was against the firm of J. M. Hamilton & Co., of which said Hamilton was a partner. The plaintiff’s conveyance, which was absolute on its face, and which was attacked for fraud by the defendant,…
1Opinion of the Court
~W ABNER, J.
— The declarations of Gaston and Morris, to the effect that they had sold their interest in the partnership assets, were mere hearsay ; were, therefore, inadmissible as evidence, and were properly excluded by the court below.
2. The charge given by the court, to which the plaintiff excepted, asserts these two propositions: that parol evidence was not admissible, at law, to show that an absolute deed was intended to operate as a mortgage; and that a deed of personal property, intended to be a mere security for a debt, would be void, “for want of a consideration provable at law.” It…
2Cases cited3 opinions
- Bryant v. YoungSupreme Court of Alabama · 1852
- McAden v. GibsonSupreme Court of Alabama · 1843
- Wright v. SpencerSupreme Court of Alabama · 1828
3Cited by14 opinions
- Fellows v. LewisSupreme Court of Alabama · 1880
- Corley v. VizardSupreme Court of Alabama · 1919
- Ryan v. YoungSupreme Court of Alabama · 1906
- Sims v. GainesSupreme Court of Alabama · 1879
- Brock v. Berry, Demoville& Co.Supreme Court of Alabama · 1901
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