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103 Ala. 241

Wolf & Co. v. Shepherd

Supreme Court of Alabama

Decided November 15, 1893

Supreme Court of Alabama · decided 1893-11-15

Tried before the Hon. James J. Banks. This was an action of trover brought by the appellants, Henry H. Wolf & Co., against the appellee, James W. Shepherd, sheriff of Walker county ; and sought to recover damages for the alleged wrongful conversion of certain goods.

Cited by 1 later decisions — most recently February 2001

Good law ✅— No negative treatment on recordhow we know

Decided 1893-11-15

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HEAD, J.

¶1When 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.

¶2Reversed and remanded.'

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