86 Ala. 343 | Ala. | 1888
Tbe cases of Wilder & Co. v. Abernethy, 54 Ala. 644, and Pollak v. Graves, 72 Ala. 416, announce principles which are fatal to tbe right of tbe appellant, Mrs. Liddell, to support her claim to tbe one half interest in tbe stock of goods levied on under tbe execution in favor of tbe appellee against D. Liddell, tbe husband of tbe claimant.
Tbe entire stock of goods belonged to Rogers, and was sold to Crump, Young & Liddell, in January, 1887, for two thousand dollars, Liddell asserting that he was acting as
Under this state of facts, the property levied on belonged to the husband, D. Liddell, and not to the claimant, and it was accordingly liable to the satisfaction of Miller’s execution against him. — Kennon v. Dibble, 75 Ala. 351; Wilder v. Abernethy, supra. The word “agent” was a mere cZescripiio personal, and exerted no talismanic influence to put in the wife the title of property which in law and good conscience belonged to the husband. The purchase of the stock of goods in question was essentially a purchase on credit, the amount advanced in cash paying for no specific goods which could be identified as distinguishable from the remainder of the stock, and all the goods being in one commingled mass.
On the authority of the cases above cited, the judgment must be affirmed.