Powell v. Knox
Supreme Court of Alabama
Error to the County Court of Lowndes. Tried before the Hon. Edward H. Cook. This was a proceeding on supersedeas, sued out by the defendant against the plaintiff in error, to arrest and quash an execution, on the ground that the defendant was a certificated bankrupt, having obtained his discharge in 1842. By a bill of exceptions, found in the record, it appears that the judgment on which the execution issued was rendered before the petition in bankruptcy was filed, and that…
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Error to the County Court of Lowndes. Tried before the Hon. Edward H. Cook. This was a proceeding on supersedeas, sued out by the defendant against the plaintiff in error, to arrest and quash an execution, on the ground that the defendant was a certificated bankrupt, having obtained his discharge in 1842. By a bill of exceptions, found in the record, it appears that the judgment on which the execution issued was rendered before the petition in bankruptcy was filed, and that the defendant, returned in his schedule “ the one-seventh interest” in three eigthty acre lots or parcels of land in…
1Opinion of the CourtChilton, J.
It is very clear that the certificate of discharge in bankruptcy, when fairly obtained, operates a complete discharge to the bankrupt of all his debts which were proveable under the act, reserving however to the judgment or execution creditor such liens as had attached before the decree in bankruptcy was rendered. McDougald v. Reid & Talbot, 5 Ala. Rep. 810; Doremus, Suydams & Co. v. Walker, 8 ib. 194, 202. The lien, it is said in the case last cited, is preserved according to the rights of the creditor at the time the bankruptcy is established. In the case before us, the debtor had but an…
2Cases cited7 opinions
- Lewis v. PaynNew York Supreme Court · 1830
- O'Neil v. TeagueSupreme Court of Alabama · 1845
- Mauldin, Montague & Co. v. ArmisteadSupreme Court of Alabama · 1848
- Elmore v. HarrisSupreme Court of Alabama · 1848
- McDougald v. ReidSupreme Court of Alabama · 1843
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Gregg v. First. Nat. Bank In BrownsvilleTexas Commission of Appeals · 1930
- Clements v. HaysSupreme Court of Alabama · 1884
- Saffold v. Wade'sSupreme Court of Alabama · 1874
- Matter of SandeferUnited States Bankruptcy Court, N.D. Alabama · 1985
- Nessler v. NeherNebraska Supreme Court · 1886
2 more not listed; retrieve them via the Exa API.