Shealy v. Edwards
Supreme Court of Alabama
Appbal from Talladega Circuit Court. Tried before lion. Lb Roy F. Box. This was a suit in trespass, brought by Shealy & Finn against Joseph A. Edwards, Joseph Hardie and others, to recover damages for the seizure and asportation of certain goods, wares and merchandise, and was commenced on 19th January, 1882. The defendants joined in a plea of not guilty, and the defendant Edwards filed a special plea, alleging, in substance, that the goods, wares and merchandise described…
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Appbal from Talladega Circuit Court. Tried before lion. Lb Roy F. Box. This was a suit in trespass, brought by Shealy & Finn against Joseph A. Edwards, Joseph Hardie and others, to recover damages for the seizure and asportation of certain goods, wares and merchandise, and was commenced on 19th January, 1882. The defendants joined in a plea of not guilty, and the defendant Edwards filed a special plea, alleging, in substance, that the goods, wares and merchandise described in the complaint were levied on by him as sheriff of Talladega, county under an attachment issued out of the circuit…
1Opinion of the CourtSomerville, J.
— The sole question presented is, whether the alleged sale made by Terrell & Vincent of their stock of merchandise to the appellants, Shealy & Finn, was complete at the time the defendant Edwards, as sheriff of Talladega count}7, levied the attachment in favor of Iiardie, which occurred on December 12th, 1881. If so, the. property iu the goods had at this time passed to the vendees, and they were'no longer liable to be attached under legal process against the vendors.
The principle is often stated to be, that “ if any thing remains to be done by either party to the -transaction, before…
2Cases cited4 opinions
- Wittkowsky v. WassonSupreme Court of North Carolina · 1874
- Allen, Bethune & Co. v. Maury & Co.Supreme Court of Alabama · 1880
- Upton v. Sturbridge Cotton MillsMassachusetts Supreme Judicial Court · 1873
- Morgan v. Smith, Wykoff & NichollSupreme Court of Alabama · 1856
3Cited by25 opinions
- Shriner v. MeyerSupreme Court of Alabama · 1911
- Foley v. FelrathSupreme Court of Alabama · 1893
- Shealy v. EdwardsSupreme Court of Alabama · 1883
- South Carolina Cotton Growers' Co-Op. Ass'n v. WeilSupreme Court of Alabama · 1929
- Townsend v. BrooksSupreme Court of Alabama · 1884
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