Skipper v. Reeves
Supreme Court of Alabama
Trespass against Sheriff and Attaching Creditors, Toy Purchaser from Defendant in Attachment. Appeal from the Circuit Court of Henry. Tried before the Hon. Jesse M. Carmichael.
Read the full summary
Trespass against Sheriff and Attaching Creditors, Toy Purchaser from Defendant in Attachment. Appeal from the Circuit Court of Henry. Tried before the Hon. Jesse M. Carmichael. This action was brought by Isaac L. Reeves, against A. B. Skipper and others, to recover damages for an alleged trespass, which was the levy by said Skipper, as sheriff, of several attachments against Sims & Reeves, a mercantile partnership, on a stock of goods which plaintiff claimed to have bought from them prior to the levy; and the several attaching creditors were also joined as defendants. The defendants, by plea,…
1Opinion of the CourtClopton, J.
— Appellee brings the action of trespass for the alleged wrongful seizure of a stock, of goods under attachment against Sims & Reeves, which he purchased from them for cash. The defendants are the sheriff, the attaching creditors, and the sureties on the bond of indemnity given to the sheriff, who seeks to defeat the action on the ground of fraud in the sale. The rules as to the burden of proof in such cases may be epitomized as follows: Fraud not being presumed, when the transaction is lawful and honest on its face, the onus *335is primarily on defendants to show a fraudulent purpose on the part…
2Cases cited7 opinions
- Hodges Bros. v. Coleman & CarrollSupreme Court of Alabama · 1884
- Spira v. Hornthall, Whitehead, Weissman & Co.Supreme Court of Alabama · 1884
- Pollak v. SearcySupreme Court of Alabama · 1887
- Smith v. StateSupreme Court of Alabama · 1889
- Lipscomb v. McClellanSupreme Court of Alabama · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Reeves v. StateSupreme Court of Alabama · 1891
- Nelms v. Steiner Bros.Supreme Court of Alabama · 1896
- Hinds v. KeithCourt of Appeals for the Fifth Circuit · 1893
- Jones v. BerneySupreme Court of Alabama · 1972
- Iron City Grain Co. v. City of BirminghamSupreme Court of Alabama · 1928
2 more not listed; retrieve them via the Exa API.