Norton v. Alabama National Bank
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. The-facts of the case are sufficiently stated in the opinion.
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. The-facts of the case are sufficiently stated in the opinion. The deed of assignment being valid upon its face, the onus of showing its invalidity is upon those who assail it. — .Bank v. Floiver, 41 Ohio St. 552; 26 Ohio St. 426. The exigencies demanded immediate action to save the assets for the benefit of all the creditors alike ; and the deed of assignment, executed under such circumstances, is sufficient to convey tlie property to the assignee.— Bank v. Flower, 41 Ohio St. 552 ; Chase v. Tuttle, 55 Conn. 455 ;…
1Opinion of the CourtColeman, J.
The Alabama National Bank sued out an attachment against the Lee Jordan Grocery Company, a corporation, which, was levied upon a stock of groceries and merchandise. F. F. Norton, assignee of the corporation, interposed a claim to the property, and the present action was to try their respective rights. The case was tried by the court, without a jury, which found the issue for the plaintiff in attachment. The claimant Norton appealed, and assigns as error this judg*422ment of the court. The only question is, whether the evidence justified the conclusion of the trial court. The evidence shows, that…
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- Standifer v. SwannSupreme Court of Alabama · 1884
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