Legal Opinion
Estate of Ludington v. Jaber
Supreme Court of The Virgin Islands
Decided March 22, 2011No. S. Ct. Civ. No. 2010-0036PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
(March 22, 2011)
Cabret, J.
The Estate of Martin Ludington appeals the Superior Court’s order denying the issuance of a writ of execution on Yusef I. Jaber’s interest in a pending lawsuit against a third party. The Superior Court reasoned that Jaber’s interest in the third party lawsuit was not executable personal property and thus not subject to a judicially directed sale. Virgin Islands law permits a judgment creditor to execute on the personal property, including things in action, of the judgment debtor. We hold, in line with the majority of courts, that a thing in action…
2Cases cited21 opinions
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Hagans v. LavineSupreme Court of the United States · 1974
- Logan v. Zimmerman Brush Co.Supreme Court of the United States · 1982
- Albert J. Gaiardo and Patricia Gaiardo, His Wife v. Ethyl Corporation, A/K/A Ethyl Corporation, Visqueen DivisionCourt of Appeals for the Third Circuit · 1987
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3Cited by6 opinions
- Azille v. PeopleSupreme Court of The Virgin Islands · 2012
- Carty v. PeopleSupreme Court of The Virgin Islands · 2012
- Duggins v. PeopleSupreme Court of The Virgin Islands · 2012
- Allen v. PeopleSupreme Court of The Virgin Islands · 2013
- Kell v. DaviesSuperior Court of The Virgin Islands · 2015
1 more not listed; retrieve them via the Exa API.