Legal Opinion

Rouss v. Blackford

Supreme Court of Alabama

Decided May 14, 1931No. 6 Div. 807PublishedCited by 1 opinion

1Opinion of the CourtAnderson, C. J.

Section 9331 of the Code of 1923 authorizes the circuit court to divide or partition, or sell for partition, any property, real or personal, held by joint owners or tenants in common.

A trustee in bankruptcy, under section 70 of the Bankruptcy Act (11 USCA § 110), gets the legal title to the estate of the bankrupt except as to exempt property. The trustee not only takes the title, but generally succeeds to all the rights and remedies that could have been resorted to by the bankrupt but for his bankruptcy. Champion v. Spurck, 302 Ill. 241, 134 N. E. 717; Cartwright v. West, 173 Ala. 198, 55 So.…

2Cases cited4 opinions

  1. Cartwright v. WestSupreme Court of Alabama · 1911
  2. Hobbs v. FrazierSupreme Court of Florida · 1908
  3. Harlin v. American Trust Co.Indiana Court of Appeals · 1918
  4. Champion v. SpurckIllinois Supreme Court · 1922

3Cited by1 opinion

  1. Adelson v. McKennaSupreme Court of Rhode Island · 1935

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