Teague, Barnett & Co. v. Lindsey
Supreme Court of Alabama
Appeal from the Circuit Court of Tallapoosa.' Tried before the Hon. N. D. Denson. This was a statutory trial of the right of property which was inaugurated by the appellees, J. G. Lindsey and J. F. Moore, interposing a claim to property levied upon under a writ of attachment, issued at the instance of the appellees, Teague, Barnett & Company, against Lindsey & Moore, a partnership composed of W. J. Lindsey and A. L. Moore.
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Appeal from the Circuit Court of Tallapoosa.' Tried before the Hon. N. D. Denson. This was a statutory trial of the right of property which was inaugurated by the appellees, J. G. Lindsey and J. F. Moore, interposing a claim to property levied upon under a writ of attachment, issued at the instance of the appellees, Teague, Barnett & Company, against Lindsey & Moore, a partnership composed of W. J. Lindsey and A. L. Moore. On the trial of the case, as is shown by the bill of exceptions, the plaintiffs introduced in evidence the writ of attachment against the firm of Lindsey & Moore, which was…
1Opinion of the CourtBrickell, C. J.
— The entries in the books of Thornton, made by the vendor, Lindsey, prior to the sale to the claimants, have nn reference to the title to the goods in controversy, and were inadmissible. The acts or declarations of a vendor,prior to a sale, notin disparagement of his title ,are not competent evidence against the vendee. The evidence proposed to be introduced of the subsequent conduct and declarations of Lindsey in reference to one of the claims transferred to the vendees, was equally inadmissible. The acts or declarations of a vendor subsequent to a sale, of which'the vendee has not…
2Cases cited2 opinions
- Horn v. StateSupreme Court of Alabama · 1893
- Pritchett v. Pollock & Co.Supreme Court of Alabama · 1886
3Cited by18 opinions
- London v. G. L. Anderson Brass WorksSupreme Court of Alabama · 1916
- McCrory v. DonaldSupreme Court of Alabama · 1915
- State v. BuralliNevada Supreme Court · 1903
- Pearson v. AdamsSupreme Court of Alabama · 1900
- Young v. StevensonSupreme Court of Arkansas · 1905
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