Varnum v. State
Supreme Court of Alabama
Appeal from Henry Circuit Court. Tried before the Hon. Henry JD. Clayton. The appellant was indicted, tried and convicted, under section 4353 of the Code, for selling or removing certain cotton on which one Oates had a lawful and valid claim under a written instrument.
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Appeal from Henry Circuit Court. Tried before the Hon. Henry JD. Clayton. The appellant was indicted, tried and convicted, under section 4353 of the Code, for selling or removing certain cotton on which one Oates had a lawful and valid claim under a written instrument. On the trial, it was shown that defendant had sold some cotton raised by him in Henry county during the year 1880. The State then offered in evidence a mortgage from defendant to Oates, bearing date January 5th, 1880, which conveyed, among other things, “ my entire crop of every description, raised by me. or caused to be raised…
1Opinion of the CourtSomerville, J.
The indictment charges the defendant with selling or removing certain cotton, for the purpose of hindering, delaying or defrauding a named person, who was averred to have a lawful and valid claim thereto, under a written instrument, lien created by law for rent or advances, or other lawful and valid claim, verbal or written, the defendant having at the time a knowledge of the existence of such claim. The statute creating this offense is found in section 4353 of the present Code, and no question is raised as to the sufficiency of the indictment.
It is shown that the defendant had sold certain…
2Cases cited4 opinions
- Meyer Bros. v. MitchellSupreme Court of Alabama · 1883
- Ellis v. MartinSupreme Court of Alabama · 1877
- Mayer & Co. v. Taylor & Co.Supreme Court of Alabama · 1881
- Grant v. SteinerSupreme Court of Alabama · 1880
3Cited by14 opinions
- O'Neal v. SeixasSupreme Court of Alabama · 1887
- Bates v. HarrisCourt of Appeals of Kentucky · 1911
- Moayon v. MoayonCourt of Appeals of Kentucky · 1903
- First Nat. Bank of Bristow v. RogersSupreme Court of Oklahoma · 1909
- Smith v. FieldsSupreme Court of Alabama · 1885
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