103 Ala. 223 | Ala. | 1893
The appellee was plaintiff in the court below, suing the defendant for money had and received. The facts, as shown in the bill of exceptions, are, that the appellee is the assignee in an assignment made by a mercantile firm for the benefit of their creditors, which on its face was made subject to the liens of three attachments, the appellant, as sheriff, had levied on a stock of merchandise, which was in a storehouse rented by the assignors for the year 1891; and of the rent there was accruing, at the time of the levy of the attachments, three monthly instalments of forty dollars each. The landlord being about to sue out and cause to be levied on the merchandise an attachment to enforce the statutory lien for the payment of the accruing rent, the defendant promised, if he would forbear, to pay him the rent from the proceeds of the sale of the merchandise. Under the attachments, the defendant made sale of the merchandise, and after satisfying the debts on which the attachments were founded, the costs of each suit, and the commissions allowed him
Reversed and rendered.