Adkins v. Bynum
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the Hon. J. A. Bilbro. This case presents a question upon which there have been no adjudication, so far as has been discovered. It is plainly distinguishable from the cases in which this court has held mortgages of stocks of merchandise to be fraudulent. In those cases the mortgagor was the prior owner of the mortgaged property.
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Appeal from the Circuit Court of Jackson. Tried before the Hon. J. A. Bilbro. This case presents a question upon which there have been no adjudication, so far as has been discovered. It is plainly distinguishable from the cases in which this court has held mortgages of stocks of merchandise to be fraudulent. In those cases the mortgagor was the prior owner of the mortgaged property. In this case the mortgagor first acquired the property at the time he executed the mortgage upon it. Where one who is already the owner of a stock of goods mortgages it, and yet holds the possession and management…
1Opinion of the CourtMcCLELLAN, J.
Bynum, a judgment creditor of Brown, levied his exeeution upon a stock of goods found in the latter’s possession. Adkins interposed a claim to the goods under a mortgage covering them, which had been executed to him by Brown prior to the issuance of execution on said judgment. The issue was made up between plaintiff in judgment and said claimant, and on the trial thereof the following state of facts was developed : The property levied on originally belonged absolutely to Adkins, the claimant. He sold it to Brown on a credit, delivered it to him, and at the same time Brown executed to hdkins a…
2Cited by19 opinions
- JC Jacobs Banking Co. v. CampbellSupreme Court of Alabama · 1981
- Manchuria S. S. Co. v. Harry G. G. Donald & Co.Supreme Court of Alabama · 1917
- Roddam v. MartinSupreme Court of Alabama · 1970
- Frank S. Blackford, as Trustee in Bankruptcy of Munro-Van Helms Company v. Commercial Credit CorporationCourt of Appeals for the Fifth Circuit · 1959
- In re Dancy Hardware & Furniture Co.District Court, N.D. Alabama · 1912
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