Legal Opinion

Scharnagel v. Quinn

Supreme Court of Alabama

Decided October 16, 1930No. 8 Div. 228PublishedCited by 4 opinions

1Opinion of the Court

On Rehearing.

THOMAS, J.

The recitals of the evidence and reasonable inferences therefrom by the Court of Appeals present questions now to be considered.(1) It is stated that the sale and delivery to Lawler of the fertilizer levied upon, and the payment of the purchase price therefor, and the execution of the mortgages thereon by Lawler to Scharnagel — the appellant-ciaimant in the court below — were concurrent acts. The latter was the moving consideration for the purchase, sale and delivery of the subject-matter of the execution to Lawler, the mortgagor and defendant in judgment. AVhen the…

2Cases cited14 opinions

  1. United States v. New Orleans RailroadSupreme Court of the United States · 1871
  2. Manchuria S. S. Co. v. Harry G. G. Donald & Co.Supreme Court of Alabama · 1917
  3. Jefferson County Savings Bank v. Ben F. Barbour P. & E. Co.Supreme Court of Alabama · 1915
  4. Citizens' Bank v. PearsonSupreme Court of Alabama · 1927
  5. Fields v. KarterSupreme Court of Alabama · 1898

9 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. McKay v. Trusco Finance Co., of Montgomery, AlabamaCourt of Appeals for the Fifth Circuit · 1952
  2. Majors v. KillianSupreme Court of Alabama · 1935
  3. Lloyd's of London v. Fidelity Securities Corp.Alabama Court of Appeals · 1958
  4. W. T. Rawleigh Co. v. PattersonSupreme Court of Alabama · 1940

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