Decatur Charcoal Chemical Works v. Moses
Supreme Court of Alabama
Appeal from tbe Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. Motion by W. D. Westcott, sheriff of Montgomery county, for the instructions of the court as to the application of certain moneys in his hands arising from a sale of property under execution against the Montgomery Furnace and Chemical Company, which was claimed by the Decatur Charcoal Chemical Company and by the Montgomery Iron Works, or its assignee, H. C. Moses.
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Appeal from tbe Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. Motion by W. D. Westcott, sheriff of Montgomery county, for the instructions of the court as to the application of certain moneys in his hands arising from a sale of property under execution against the Montgomery Furnace and Chemical Company, which was claimed by the Decatur Charcoal Chemical Company and by the Montgomery Iron Works, or its assignee, H. C. Moses. The court ordered Moses to be first paid, and the balance applied to the execution in favor of the Decatur Charcoal Chemical Company. The latter…
1Opinion of the CourtStone, C. J.
The question -in this case is, which of two executions had the paramount lien on certain goods and *539chattels, the property of the Montgomery Furnace and Chemical Company, a corporation — said corporation and chattels having their situs and place of business in Montgomery county, Alabama. The Decatur Charcoal Chemical Works recovered a judgment in the Circuit Court of Montgomery county, against the Montgomery Furnace and Chemical Company, on June 18, 1888. At the request of the president of M. F. & C. Co., the attorney for the Decatur C. C. Works instructed the clerk not to issue execution on…
2Cases cited9 opinions
- Campbell v. SpenceSupreme Court of Alabama · 1843
- Kelly v. LongshoreSupreme Court of Alabama · 1884
- Mathews v. Mobile Mutual InsuranceSupreme Court of Alabama · 1883
- Albertson, Douglass & Co. v. GoldsbySupreme Court of Alabama · 1856
- Patton v. Hayter, Johnson & Co.Supreme Court of Alabama · 1848
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3Cited by14 opinions
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- Tyler Refrigeration Equipment Co. v. StonickOhio Court of Appeals · 1981
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