In re Cullman Fruit & Produce Ass'n
District Court, N.D. Alabama
In Bankruptcy. On petition to try title to personal property. The Cullman. Fruit & Produce Association having been adjudicated a bankrupt, the Sprague Canning Machinery Company files this petition, asking that this court direct the receiver to turn over to them certain personal property found in possession of the bankrupt at the time of the filing of the petition, alleging the same to be the property of the petitioners; the facts in relation to the issues being as follows:…
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In Bankruptcy. On petition to try title to personal property. The Cullman. Fruit & Produce Association having been adjudicated a bankrupt, the Sprague Canning Machinery Company files this petition, asking that this court direct the receiver to turn over to them certain personal property found in possession of the bankrupt at the time of the filing of the petition, alleging the same to be the property of the petitioners; the facts in relation to the issues being as follows: On or about' the 14th day of May, 1906, certain machinery to be used in a canning factory was shipped by the Sprague…
1Opinion of the CourtHundley, District Judge
(after stating the facts). The first question which confronts us, and, indeed, the controlling and decisive question, is: Did the title to the property in fact and in law ever pass from the Sprague Canning Machinery Company into the Cull-man Fruit & Produce Association? It is contended by counsel for petitioner that the whole transaction, from start to finish, shows an intention not to part with the title until the purchase price was paid, and it is insisted that this intention, as disclosed by the testimony in this case, is decisive of the question at issue in favor of the pe*374titioner. There…
2Cases cited13 opinions
- Postal Telegraph Co. v. LenoirSupreme Court of Alabama · 1894
- Talladega Insurance v. PeacockSupreme Court of Alabama · 1880
- Sampson v. FoxSupreme Court of Alabama · 1895
- Buist v. GuiceSupreme Court of Alabama · 1892
- Montgomery Iron Works v. SmithSupreme Court of Alabama · 1893
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