Wolf & Co. v. Shepherd

Supreme Court of Alabama

Wolf & Co. v. Shepherd

103 Ala. 241

CourtSupreme Court of Alabama

DecidedNovember 15, 1893

StatusPublished

Cited by1 cases

This text of 103 Ala. 241 (Wolf & Co. v. Shepherd) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wolf & Co. v. Shepherd, 103 Ala. 241 (Ala. 1893).

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Opinion

HEAD, J.

When the seller of goods lawfully exercises the right of stoppage in transitu, the possession is thereby restored to him, with the right to detain the goods until the price is paid. Upon the exercise of the right, the possession of the carrier becomes the possession of the seller; and the latter may maintain trover against the sheriff, who, with notice of his rights, takes the goods from the custody of the carrier, and converts them, under attachment against the purchaser. — Hutchinson on Carriers, § 420 and cases cited.

Reversed and remanded.'

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HEAD, J.

When the seller of goods lawfully exercises the right of stoppage in transitu, the possession is thereby restored to him, with the right to detain the goods until the price is paid. Upon the exercise of the right, the possession of the carrier becomes the possession of the seller; and the latter may maintain trover against the sheriff, who, with notice of his rights, takes the goods from the custody of the carrier, and converts them, under attachment against the purchaser. — Hutchinson on Carriers, § 420 and cases cited.

Reversed and remanded.'

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Bluebook (online)

103 Ala. 241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wolf-co-v-shepherd-ala-1893.

Opinion

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