Hickman v. Richburg
Supreme Court of Alabama
Appeal from the Circuit Court of Coffee. Tried before the Hon. J. W. Foster. This Avas a statutory trial of the right of property and arose in the folloAving manner: The appellant, P. N. Hickman, recovered a judgment against one Bullard. Upon this judgment execution was issued and levied upon a certain lot of lumber Avbich was in the possession of said Bullard.
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Appeal from the Circuit Court of Coffee. Tried before the Hon. J. W. Foster. This Avas a statutory trial of the right of property and arose in the folloAving manner: The appellant, P. N. Hickman, recovered a judgment against one Bullard. Upon this judgment execution was issued and levied upon a certain lot of lumber Avbich was in the possession of said Bullard. Thereupon the appellee, Richburg, interposed a claim to the lumber so levied.upon and made affidavit and gave bond; and an issue ivas made up between the plaintiff in execution and the claimant, to try the right of property in said…
1Opinion of the CourtDowdell, J.
— The evidence without conflict shows that the lumber which ivas levied upon by the plaintiff in execution was sold by the claimant to the defendant in execution on or about the 1st of February, 1898. That the claimant at the time of the contract of sale of said lumber, by the express terms of his contract with the defendant, reserved the title to the lumber until the payment of the purchase money was made. The plaintiff’s execution was levied on the lumber in the possession of the defendant on the 15th day of March, 1898, and on the 16th day of March, the day following the levy, the claimant…
2Cases cited5 opinions
- Lehman, Durr & Co. v. Van Winkle & Co.Supreme Court of Alabama · 1890
- Tanner & Delaney Engine Co. v. HallSupreme Court of Alabama · 1889
- Montgomery Iron Works v. SmithSupreme Court of Alabama · 1893
- Thomason v. LewisSupreme Court of Alabama · 1893
- Fuller v. EamesSupreme Court of Alabama · 1895
3Cited by13 opinions
- Alexander v. Mobile Auto Co.Supreme Court of Alabama · 1917
- Winton Motor Carriage Co. v. Broadway Automobile Co.Washington Supreme Court · 1911
- Floyd v. RamboSupreme Court of Alabama · 1948
- Mobile Towing & Wrecking Co. v. HartwellSupreme Court of Alabama · 1922
- Southern Ry. Co. v. City of AttallaSupreme Court of Alabama · 1906
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