Samuel Gans Co. v. Tyson
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. William H. Thomas. Action by J. C. Tyson against Abe Weil for rent of storehouse, begun by attachment, levied upon certain goods alleged to belong to the subtenant. Samuel Gans Company intervened, claiming the goods as purchaser from the sub-tenant. Judgment for plaintiff and claimant appeals.
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Appeal from Montgomery City Court. Heard before Hon. William H. Thomas. Action by J. C. Tyson against Abe Weil for rent of storehouse, begun by attachment, levied upon certain goods alleged to belong to the subtenant. Samuel Gans Company intervened, claiming the goods as purchaser from the sub-tenant. Judgment for plaintiff and claimant appeals. The inquiry here is, Did the defendant in the attachment at the time the lien accrued or the levy made own such property in the goods as is the subject of levy and sale under the process. — Dryer v. Abercrombie, 87 Ala. 499. Counsel earnestly insist…
1Opinion of the CourtSayre, J.
Tyson had let his storehouse to Abe Weil reserving a rental payable in monthly installments. Tyson sued out an attachment against Weil for rent not yet due and caused the writ to be levied upon 47 boxes of-dry goods on the,-premises.. The Samuel Gans Company, a. foreign corporation, interposed its claim to the goods, and a trial of the right of property folloAved; the issue óf laAV and-fact being tried by the court without a jury. From. judgment condemning the goods to the payment .of plaintiff’s claim, this appeal is prosecuted.
*516Plaintiff rests bis case upon tbe fact that the goods levied…
2Cases cited11 opinions
- Jackson v. BainSupreme Court of Alabama · 1883
- Hardwick v. HardwickSupreme Court of Alabama · 1909
- British & American Mortgage Co. v. CodySupreme Court of Alabama · 1902
- Dryer v. AbercrombieSupreme Court of Alabama · 1877
- Cofer v. ReinschmidtSupreme Court of Alabama · 1898
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Alabama Butane Gas Co. v. Tarrant Land Co.Supreme Court of Alabama · 1943
- Bros. v. RussellSupreme Court of Alabama · 1916
- Herzfeld v. HayneSupreme Court of Alabama · 1917
- King v. Central Hardware Co.Supreme Court of Alabama · 1917
- Federal Land Bank of New Orleans v. StricklandSupreme Court of Alabama · 1933
2 more not listed; retrieve them via the Exa API.