Schaungut's Adm'r v. Udell
Supreme Court of Alabama
Statutory Claim Suit for Stock of Furniture. Appeal from the Circuit Court of Colbert. Tried before the Hon. Henry O. Speake.
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Statutory Claim Suit for Stock of Furniture. Appeal from the Circuit Court of Colbert. Tried before the Hon. Henry O. Speake. This was a statutory action to try the right of property in and to a stock of furniture, on which an attachment was levied, at the suit of Udell & Crunden, a partnership, as the property of their debtor, the Sheffield Furniture Company, and of M. Morris, the sole member of that company; and to which a claim was interposed by A. Schaungut, as a purchaser from said Morris prior to the levy of the attachment. The claimant died pending the suit, and it was revived in favor…
1Opinion of the CourtClopton, J.
— Appellees having sued out and caused a writ of attachment to be levied on the furniture mentioned in the sheriff’s return, A. Schaungut, appellant’s intestate, made affidavit claiming the furniture as his own, and executed bond for the trial of the right of property. The claimant derived title by a purchase from M. Morris, who was the sole member of the Sheffield Furniture Company, of the entire stock of furniture belonging.-to the company, for which he claimed to have paid the sum of twenty-five hundred dollars, part cash, part in a negotiable note, payable at ninety days, with interest.…
2Cases cited1 opinion
- Crawford v. KirkseySupreme Court of Alabama · 1876
3Cited by7 opinions
- McCutchen v. LogginsSupreme Court of Alabama · 1895
- Alabama Produce Co. v. SmithSupreme Court of Alabama · 1932
- Knowles v. OgletreeSupreme Court of Alabama · 1893
- Klein v. HarrisSupreme Court of Alabama · 1958
- Smith v. HeinemanSupreme Court of Alabama · 1897
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