119 Ala. 371 | Ala. | 1898
Previously to April 9, 1885, C. • D. Henderson and S. E. Henderson were engaged in the mercantile business, as partners, under firm name of Henderson Bros., and while thus doing business the firm became indebted to Stern & Kraus, ivho on April 9, 1885, obtained a judgment on their claim for the sum of $419.04, and on March 26,1891, a certificate of said judgment was duly recorded in the probate office, as authorized by statute. Previously to the rendition of the judgment, the firm of Henderson Bros, became insolvent, and was dissolved, and the individual members thereof had no further connection with each other as partners until the year 1892, when they, together with one Jellison, formed a partnership, and engaged in the mercantile business, under the name of Peters Store Company. Afterwards the Hendersons bought out Jellison’s interest, and continued the business as partners, under the same name. Subsequently the Peters Store Company, then composed of the two Hendersons, became indebted to the Christian Craft Grocery Company, in the sum of $3,-261.84. On this debt the Christian Craft Grocery Company sued out an attachment, on November 1, 1894, against the Peters Store Company, and the writ was levied on a stock of goods belonging to said firm, and an order of court for the sale of goods was obtained. A few days after the levy Stern & Kraus had an- execution issued on their recorded judgment, and placed in the hands of the sheriff, who sold the goods, under said order of court and execution, the proceeds of the sale amounting to $750. The sole question presented by this appeal, under the agreement of counsel, is whether the judgment of Stern & Kraus was a lien on said stock of goods superior to that of the attachment of the Christian Craft Grocery Company, so as to entitle the former to priority of payment out of the proceeds of said sale.
It does not clearly appear from the record whether the judgment was against the firm of Henderson Bros.,