Purcell's Adm'r v. Mather
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon. Nat. Cook. The appellant in this case, as the administrator of William H. Purcell, deceased, having obtained a judgment against James E. Leslie, at the spring term, 1857, of the said circuit court of Lowndes, afterwards sued out process of garnishment thereon, and summoned James G. Gilchrist as the debtor of said Leslie.
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Appeal from the Circuit Court of Lowndes. Tried before the Hon. Nat. Cook. The appellant in this case, as the administrator of William H. Purcell, deceased, having obtained a judgment against James E. Leslie, at the spring term, 1857, of the said circuit court of Lowndes, afterwards sued out process of garnishment thereon, and summoned James G. Gilchrist as the debtor of said Leslie. The garnishee, answered, admitting an indebtedness to Leslie, by open account, for blacksmith-work done for him by tke latter during the year 1858, due the 1st January, 1859; and stating that, prior to the…
1Opinion of the CourtStone, J.
It is not important in this case that we should consider whether Mr. Mather can maintain a suit on his contract with Mr. Leslie, by which the latter undertook to mortgage the accounts of Mr. Gilchrist and ■others to the former. That is not the question presented by this record. The question for our consideration is, did the mortgage transfer the ownership in the accounts to Mr. Mather ? Was it a mere executory agreement to sell, ora contract of sale? If the ownership passed to Mr. Mather, then he became “the party really interested,” and could,without more, maintain'an action onIhc account in…
2Cases cited4 opinions
- Ravisies v. AlstonSupreme Court of Alabama · 1843
- Robinson & Caldwell v. MauldinSupreme Court of Alabama · 1847
- Stewart v. KirklandSupreme Court of Alabama · 1851
- Floyd v. MorrowSupreme Court of Alabama · 1855
3Cited by14 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- Mobile Building & Loan Ass'n v. RobertsonSupreme Court of Alabama · 1880
- Dailey v. SpringfieldSupreme Court of Georgia · 1915
- Taylor v. Barton Child Co.Massachusetts Supreme Judicial Court · 1917
- Kane v. CloughMichigan Supreme Court · 1877
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