Cobb v. State
Supreme Court of Alabama
From the Circuit Court of Covington. Tried before tbe Hon. John B. Tyson. The indictment charged that the defendant “with the purpose to hinder, delay or defraud Norman McIntosh who had a lawful claim and a- valid claim thereto under a written instrument, lien created by law for rent or advances, or other lawful or valid claim verbal or written, did sell or remove personal property (describing it) having at the time a knowledge of the existence of such claim,” &c.
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From the Circuit Court of Covington. Tried before tbe Hon. John B. Tyson. The indictment charged that the defendant “with the purpose to hinder, delay or defraud Norman McIntosh who had a lawful claim and a- valid claim thereto under a written instrument, lien created by law for rent or advances, or other lawful or valid claim verbal or written, did sell or remove personal property (describing it) having at the time a knowledge of the existence of such claim,” &c. There was a trial under the plea of not guilty when the, following were shown to be the facts. On August 6, 1889, the defendant…
1Opinion of the CourtStone, C. J.
Section 3835 of the Code makes it a felony to remove or sell, any personal property known to be under certain specified liens, “for the purpose of hindering, delaying or defrauding any person who has a claim thereto.”
Section 3836 makes it a misdemeanor in any one to sell or convey “personal property upon which he has given a written mortgage, lien, or deed of trust, and which is then unsatisfied in whole or in part, without first obtaining the consent of the lawful holder thereof to such sale or conveyance.”
To constitute a violation of the first of these sections it is necessary that the…
2Cases cited5 opinions
- Weil v. StateSupreme Court of Alabama · 1875
- Mattison v. StateSupreme Court of Alabama · 1876
- McMullen v. StateSupreme Court of Alabama · 1875
- Johnson v. StateSupreme Court of Alabama · 1883
- Black v. StateSupreme Court of Alabama · 1887
3Cited by9 opinions
- Mobile, J. &. K. C. R. R. v. HawkinsSupreme Court of Alabama · 1909
- Sims v. KentSupreme Court of Alabama · 1930
- Curtis v. Parker & Co.Supreme Court of Alabama · 1902
- Bonner v. StateSupreme Court of Alabama · 1899
- Farris v. StateAlabama Court of Appeals · 1960
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