Truss v. Davidson
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by S. C. Davidson, against S. R. Truss, to recover a stock of goods, on which the defendant, who was then sheriff of the county, had levied several attachments as the property of A. T. Palmer; and was commenced on the 14th March, 1S88. The plaintiff claimed the goods under a deed of assignment executed to him, as trustee, by said A. T. Palmer, for the benefit of his…
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by S. C. Davidson, against S. R. Truss, to recover a stock of goods, on which the defendant, who was then sheriff of the county, had levied several attachments as the property of A. T. Palmer; and was commenced on the 14th March, 1S88. The plaintiff claimed the goods under a deed of assignment executed to him, as trustee, by said A. T. Palmer, for the benefit of his creditors, which was dated February 27th, 1888, and delivered on the same day. The defendant filed several pleas, justifying…
1Opinion of the CourtSomerville, J.
The action is one of detinue, brought by the appellee, Davidson, assignee of one Palmer, against the appellant, Truss, for a stock of merchandise levied on by the latter as sheriff under sundry writs of attachment.
Unless the assignment under which the plaintiff claims title is void for fraud, there seems to be no good reason why he should not recover the goods, a.s this instrument of transfer was made and delivered on February 27th, 1888, the day before the levy of the first attachment. The assignment, under the facts of the case, took effect, if at all, from the date of its *361•delivery to the…
2Cases cited7 opinions
- Warner v. . JaffrayNew York Court of Appeals · 1884
- Governor v. CampbellSupreme Court of Alabama · 1850
- Swink's Adm'r v. SnodgrassSupreme Court of Alabama · 1850
- Abercrombie v. BradfordSupreme Court of Alabama · 1849
- Townsend & Bros. v. HarwellSupreme Court of Alabama · 1850
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