Robinson, Boylston & McKeldin Co. v. Thomason
Supreme Court of Alabama
Statutory Trial of the Right of Property. Appeal from the City Court of Anniston. This suit was instituted by suing out an attachment by the appellants against P. K. Thompson & Co. This writ of attachment was levied upon-a stock of goods in the house where P. K. Thompson & Co. had been doing business.
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Statutory Trial of the Right of Property. Appeal from the City Court of Anniston. This suit was instituted by suing out an attachment by the appellants against P. K. Thompson & Co. This writ of attachment was levied upon-a stock of goods in the house where P. K. Thompson & Co. had been doing business. A few days after the levy of the attachment, R. P. Thomason, as assignee of P. K. Thompson & Co., filed his claim bond and affidavit, claiming the property levied upon as the property of the affiant, as assignee. Upon the interposition of this claim, issue was made up by the court for the trial…
1Opinion of the CourtBrio Kell, C. J.
The instrument under which the appellee deduced title to the goods in controversy, is a general assignment for the equal benefit of all the cred*528itors of the assignor. By its tei’ms the property and effects transferred, are devoted absolutely and unconditionally to the payment of the debts, without any other delay than such as is incident to their reduction to money for the purposes of distribution. The assignee joined in the execution of the assignment, and covenanted to execute its trusts to the best of his skill and ability. It is assailed by the appellants as fraudulent; as having been…
2Cases cited3 opinions
- Emerson v. SenterSupreme Court of the United States · 1886
- Halsey v. Connell, Green & Co.Supreme Court of Alabama · 1895
- Truss v. DavidsonSupreme Court of Alabama · 1890