Legal Opinion

Ware's Adm'r v. Russell

Supreme Court of Alabama

Decided December 15, 1881PublishedCited by 17 opinions

Appeal from the Chancery Court of Bussell. Heard before the Hon. N. S. Graham. The original bill in 'this case was filed on the 25th April, 1876, by James M. Bussell and George W. Hooper, against Henry Ware and John T. Humber ; and sought relief on the following’ state of facts, as alleged in the bill, and shown by the exhibits thereto: • On the 22d October, 1873, said Ware sued out an attachment against said Humber, claiming $700 as due for advances made by him to enable*…

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Appeal from the Chancery Court of Bussell. Heard before the Hon. N. S. Graham. The original bill in 'this case was filed on the 25th April, 1876, by James M. Bussell and George W. Hooper, against Henry Ware and John T. Humber ; and sought relief on the following’ state of facts, as alleged in the bill, and shown by the exhibits thereto: • On the 22d October, 1873, said Ware sued out an attachment against said Humber, claiming $700 as due for advances made by him to enable* Humber to malee a crop during that year on a tract of land which he was cultivating in said county of Bussell; and said…

1Opinion of the CourtBrickell, C. J.

The right and title to personal property is not changed by the levy of any attachment, or of an execu*179tion. Tlie general property continues in the defendant, and he may alienate it, subject only to -the lien of the process. The lien is not a right of property — it is not a jus in re, nor a jus ad rem. It is a simple preference, or priority, created by law, to subject the property, by sale, to the satisfaction of the execution, or other process issuing on the judgment in the attachment suit, if the plaintiff succeeds in recovering judgment. The transfer or assignment to the appellees is not…

2Cases cited4 opinions

  1. Holloway v. LoweSupreme Court of Alabama · 1838
  2. Moody v. HarperMississippi Supreme Court · 1860
  3. Poe v. DavisSupreme Court of Alabama · 1857
  4. Atwood v. PiersonSupreme Court of Alabama · 1846

3Cited by17 opinions

  1. Chreste v. Louisville Railway Co.Court of Appeals of Kentucky · 1915
  2. Gilman, Son & Co. v. JonesSupreme Court of Alabama · 1888
  3. United States Fidelity & Guaranty Co. v. RemondSupreme Court of Alabama · 1930
  4. First Nat. Bank of La Pine v. BradleySupreme Court of Alabama · 1931
  5. Baggett Mercantile Co. v. VickerySupreme Court of Alabama · 1925

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