Martin v. Carter
Supreme Court of Alabama
Appeal from the Chancery Court of Jackson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 2d July, 1888, by W. A. B. Carter, against John Martin, W. O. Wells, P. H. Moore, and six other persons; and sought to reach and subject to the satisfaction of a judgment which the complainant had obtained against said Martin, and on which an execution had been returned “No property found,” his undivided interest in a debt owing by said Wells and Moore to him…
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Appeal from the Chancery Court of Jackson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 2d July, 1888, by W. A. B. Carter, against John Martin, W. O. Wells, P. H. Moore, and six other persons; and sought to reach and subject to the satisfaction of a judgment which the complainant had obtained against said Martin, and on which an execution had been returned “No property found,” his undivided interest in a debt owing by said Wells and Moore to him and the other defendants jointly, for which said debtors had executed two promissory notes, secured by mortgage on a…
1Opinion of the CourtClopton, J.
Section 3540 of the Code declares: “When an execution for money from any court has been issued against a defendant, and is not satisfied, the plaintiff, or the person for whose benefit such execution is sued out, may file a bill in chancery against such defendant, to compel the discovery of any property belonging to him, or held in trust for him, and to prevent the transfer, payment or deliveiy thereof to such defendant; except when the trust has been'created-by, or proceeded from some other person than the defendant himself; and the court may bring any other party before it, and decree such…
2Cases cited1 opinion
- Brown v. BatesSupreme Court of Alabama · 1846
3Cited by8 opinions
- First Nat. Bank of Birmingham v. JohnsonSupreme Court of Alabama · 1933
- Burke v. Josiah Morris & Co.Supreme Court of Alabama · 1898
- Anderton v. HiterSupreme Court of Alabama · 1939
- McCullough v. JonesSupreme Court of Alabama · 1890
- Davenport & Harris Funeral Homes v. KennedySupreme Court of Alabama · 1943
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