Hayes v. Westcott
Supreme Court of Alabama
Appeal from the Circuit- Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by Mrs. E. O. Hayes against W. D. Westcott, to recover certain articles of personal property, particularly described in the complaint; and was commenced on the 20th of April, 3 8SÍ). The articles sued for were tne fixtures in a drug-store in the city of Montgomery, which had belonged to Witherspoon efe Williams while they conducted the business as partners, and…
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Appeal from the Circuit- Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by Mrs. E. O. Hayes against W. D. Westcott, to recover certain articles of personal property, particularly described in the complaint; and was commenced on the 20th of April, 3 8SÍ). The articles sued for were tne fixtures in a drug-store in the city of Montgomery, which had belonged to Witherspoon efe Williams while they conducted the business as partners, and afterwards to Williams individually, who had bought out the interest- of his co-partner. Witherspoon cited Anderson v.…
1Opinion of the CourtMcCLELLAN, J.
J. B. Williams, being engaged in the retail drug business in the city of Montgomery, and indebted to the appellant, executed to her a mortgage covering his stock in trade, and the furniture and fixtures in his store. As to the stock, the mortgage contains stipulations for the mortgagor’s. *145continued possession, and power of disposition in the usual course of business. As to the fixtures, the possession is retained till the maturity of the secured debt, but no power of sale is reserved. The mortgagor, at the time of the transaction, owed oilier debts, but it does not appear that the mortgagee…
2Cases cited16 opinions
- The United States, in Error v. Phineas Bradley, Surviving Administrator of David Ott DeceasedSupreme Court of the United States · 1836
- Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1881
- Russell v. . WinneNew York Court of Appeals · 1868
- Barnet v. FergusIllinois Supreme Court · 1869
- Bates v. Bank of the StateSupreme Court of Alabama · 1841
11 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Eastman v. ParkinsonWisconsin Supreme Court · 1907
- Groetter, Weil & Co. v. Norman Bros.Supreme Court of Alabama · 1894
- Howell v. CardenSupreme Court of Alabama · 1891
- C. B. Rogers & Co. v. MunnerlynSupreme Court of Florida · 1895
- Rocheleau v. BoyleMontana Supreme Court · 1892
10 more not listed; retrieve them via the Exa API.