Lofton v. Mooney

The majority opinion agreed with the chancellor that the pleadings were confusing and noted that after the case had been submitted and an opinion written, the bank, for the first time, asserted a superior claim to the fund in controversy. This was done in an amended answer. It never filed a pleading alleging a debt due it or sought to assert its lien. It contented itself by alleging a superior claim by reason of the warehouse receipt. On appeal it contended that it had a lien on the money in the possession of the receiver.

It is my opinion that the pleadings would not support a judgment in…