Daniel v. Owens & Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Pike. Heard before the Hon. John A. Foster. The bill in this case was filed on the 5th April, 1880, by John Daniel, against the persons composing the firm of Owens & Co., the persons composing the firm of Henderson Brothers & Co., and the complainant’s partner, John A. Daniel; and sought, principally, to enjoin a sale of certain guano and cotton-seed under the levy of an execution in favor of said Owens & Co., against said John A. Daniel…
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Appeal from the Chancery Court of Pike. Heard before the Hon. John A. Foster. The bill in this case was filed on the 5th April, 1880, by John Daniel, against the persons composing the firm of Owens & Co., the persons composing the firm of Henderson Brothers & Co., and the complainant’s partner, John A. Daniel; and sought, principally, to enjoin a sale of certain guano and cotton-seed under the levy of an execution in favor of said Owens & Co., against said John A. Daniel individually. The conplainant and said John A. Daniel, according to the allegations of the bill, were “ engaged as partners…
1Opinion of the CourtStone, J.
Certain principles affecting this case have been so often asserted, both in this and other States, that, in the absence of legislation, we do not feel at liberty to disturb them. Among the principles so settled are the following :
Finest: That under a fieri facias against the goods of one *301member of a partnership, his interest in the tangible effects may be levied on and sold, and only his interest.
Second,: The right acquired by such purchase, is the right of the partner whose interest was sold, and only his rights, subject to all the liens, incumbrances and disabilities, which rested upon it…
2Cases cited9 opinions
- Perminter v. KellySupreme Court of Alabama · 1851
- Walsh v. AdamsNew York Supreme Court · 1846
- Winston v. EwingSupreme Court of Alabama · 1840
- Moody v. PayneNew York Court of Chancery · 1817
- Andrews v. KeithSupreme Court of Alabama · 1859
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Fancher Bros. & Co. v. Bibb Furnace Co.Supreme Court of Alabama · 1887
- First Nat. Bank of Birmingham v. JohnsonSupreme Court of Alabama · 1933
- Farley, Spear & Co. v. MoogSupreme Court of Alabama · 1885
- Lake v. SealySupreme Court of Alabama · 1936
- Tait v. MurphySupreme Court of Alabama · 1886
3 more not listed; retrieve them via the Exa API.