Commercial Bank v. Lee
Supreme Court of Alabama
Appeal from City Court of Selma. Tried before Hon. H. S. D. Mallory, Special Judge. The appellee, W. R. Lee, brought an action of detinue against Phillips & Parrish, warehousemen, to recover five bales of cotton. The cotton was taken in possession by the Sheriff under the writ of detinue, and the Commercial Bank of Selma, as provided by the statute, interposed its claim thereto.
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Appeal from City Court of Selma. Tried before Hon. H. S. D. Mallory, Special Judge. The appellee, W. R. Lee, brought an action of detinue against Phillips & Parrish, warehousemen, to recover five bales of cotton. The cotton was taken in possession by the Sheriff under the writ of detinue, and the Commercial Bank of Selma, as provided by the statute, interposed its claim thereto. Issue was duly formed for the trial of the right of property, and upon the trial judgment was rendered for plaintiff. The facts and circumstances of this case- are identical with those of the case of Commercial Bank…
1Opinion of the CourtStone, C. J.
This case is in' all material respects precisely like the case of the Commercial Bank of Selma v. Hurt, ante, p. 130, decided on a former day of this term — opinion by Walker, J. In that opinion all the facts material to a consideration of this case are presented and commented on.
The claim of the Commercial Bank in the present suit is the same as that asserted by it in its suit against Hurt. In this case the asserted claim to the cotton in controversy is by virtue of the identical indorsement of cotton receipts by the H. C. .Keeble Company, which was relied on in that case. The alleged…
2Cases cited8 opinions
- Shaw v. Railroad Co.Supreme Court of the United States · 1880
- Warner v. MartinSupreme Court of the United States · 1851
- Allen v. St. Louis BankSupreme Court of the United States · 1887
- Cartwright v. . WilmerdingNew York Court of Appeals · 1862
- Howland v. . WoodruffNew York Court of Appeals · 1875
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3Cited by3 opinions
- Weil Bros. v. PonderSupreme Court of Alabama · 1899
- National Bank of Newberry v. LivingstonSupreme Court of South Carolina · 1930
- National Bank of Newberry v. LivingstonSupreme Court of South Carolina · 1930