Schloss v. Inman, Smith & Co.
Supreme Court of Alabama
Appeal from tlie Barbour Circuit Court. Tried before the Hon. A. A. Evans. This was a statutory claim suit. Appellant claimed title by virtue of an assignment made to him by J. Oppenheimer for the benefit of creditors. Appellees claim under an attachment issued and levied at their instance against said Oppenheimer.
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Appeal from tlie Barbour Circuit Court. Tried before the Hon. A. A. Evans. This was a statutory claim suit. Appellant claimed title by virtue of an assignment made to him by J. Oppenheimer for the benefit of creditors. Appellees claim under an attachment issued and levied at their instance against said Oppenheimer. The assignment was executed between five and six o’clock of the afternoon of December 28th, 189G, was delivered at once to appellant by the assignor, together with the key to the store in which the property assigned was situated. The deed of assignment was filed for record in the…
1Opinion of the Court
tí H Alt PE, J.
Upon the former appeal in this case it was held in effect that the evidence showed without conflict that the levy of the plaintiffs’ attachment was prior to the delivery of the deed of assignment to the claimant. This fact, without reference to the time when the deed was filed for record, appeals to have furnished the controlling reason for the conclusion then reached that the jury should have been charged affirmatively in favor of the plaintiffs according to their request. Since that decision, section 1004 of the Code has been a subject of consideration in this court in two…
2Cases cited6 opinions
- Mayer v. ClarkSupreme Court of Alabama · 1866
- Roswald & Stoll v. Hobbie & TeagueSupreme Court of Alabama · 1887
- Schamagel v. WhitehurstSupreme Court of Alabama · 1893
- Sloan v. HudsonSupreme Court of Alabama · 1898
- Reeves & Co. v. EstesSupreme Court of Alabama · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Uptain v. StateAlabama Court of Appeals · 1953
- Bradford & Sons v. BassettSupreme Court of Alabama · 1906
- Gulf Coast Lumber Co. v. MilesSupreme Court of Alabama · 1921
- Johnson v. MasonMissouri Court of Appeals · 1914
- Blair v. GreeneSupreme Court of Alabama · 1945
1 more not listed; retrieve them via the Exa API.