Desha, Sheppard & Co. v. Pope
Supreme Court of Alabama
Wkit of error to the Circuit Court of Mobile county. Claim of property, by Desha, Sheppard & Co., to 18 bales of cotton, levied on by the sheriff of Mobile county, by virtue of an-execution in favor of Pope & Son, against W. J. Alexandei’. At the trial it appeared, that the execution under which the levy was made, came to the sheriff’s hands on the 20th day of December, 1841, and was levied the day afterwards.
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Wkit of error to the Circuit Court of Mobile county. Claim of property, by Desha, Sheppard & Co., to 18 bales of cotton, levied on by the sheriff of Mobile county, by virtue of an-execution in favor of Pope & Son, against W. J. Alexandei’. At the trial it appeared, that the execution under which the levy was made, came to the sheriff’s hands on the 20th day of December, 1841, and was levied the day afterwards. The cotton levied, on, had previously been secured in a warehouse in Montgomery, where it was stored in the name of Alexander; by his order it was shipped, by the warehouse keeper at…
1Opinion of the CourtGoldthwaite, J.
If the claimants of the cotton levied on in this case, stood in the relation of factors only, it is clear upon principle, that their lien for the balance due them, could not attach until the cotton was in their actual possession, [Kenlach v. Craig, 3 Term Rep. 119; Bruce v. Wait, 3 Mee. & W. 15; cited Cross on Liens, 254.] The reason for this is, that they have no property in the goods by the mere act of shipment, although they are named in the bills of lading as the consignees. By itself, the bill of lading does not operate as a transfer of the goods; but is rather to be considered as…
2Cited by7 opinions
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- National Bank of D. O. Mills & Co. v. PorterCalifornia Supreme Court · 1887
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