Planters' Trading Co. v. Moore
| Decision Date | 01 May 1913 |
| Citation | 7 Ala.App. 393,62 So. 302 |
| Court | Alabama Court of Appeals |
| Parties | PLANTERS' TRADING CO. v. MOORE. |
Appeal from Circuit Court, Coffee County; J.N. Ham, Judge.
Action by W.J. Moore begun by attachment against Wise & Williams, in which the Planters' Trading Company interposed as claimants. Judgment for plaintiff and claimants appeal. Reversed and remanded.
The evidence for plaintiff tended to show that the property levied on by attachment was the property of Wise & Williams attachment having been levied upon certain property as the property of said Wise & Williams on June 8, 1908. The claimants claim under a mortgage executed March 28, 1908, by Wise to the Planters' Trading Company covering all their personal property. The court gave the following charge to the plaintiff: "If the jury reasonably believe from the evidence in this case that at the time the trees or logs in question were purchased M.D. Wise and Williams were partners engaged in the logging business, and they were purchased for said partnership, or if said logs were purchased jointly by M.D. Wise and J.S. Williams, then, in that event, the title to said logs when cut passed into Wise & Williams, and in such event a sale of said logs by M.D. Wise alone to Planters' Trading Company could not have the effect of passing the title to said logs into the Planters' Trading Company, and at the most such a sale could only pass the one-half interest to said Wise to said Planters' Trading Company, unless the jury are further satisfied that in the transaction between Wise and Lindsey at Samson said Wise sold to said Planters' Trading Company his half interest therein."
J.A Carnley, of Elba, for appellant.
W.W. Sanders, of Elba, for appellee.
The appellee, Moore, commenced suit for work and labor done against Wise & Williams in the justice of the peace court by original attachment, which was levied upon certain logs alleged to belong to the defendants. The appellant, the Planters' Trading Company, interposed a claim to the property by executing the required statutory bond and affidavit. The claimants were successful in the justice court, whereupon plaintiff appealed to the county court of Coffee county.
The notice of appeal as provided by law was not given; but the bill of exceptions affirmatively recites that the claimant had entered a general appearance, and that the cause had been continued several times after such appearance before any question...
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