Irvine v. Armistead
Supreme Court of Alabama
Appeal from Chancery Court- of Lauderdale. Heard before Hon. William Skinner. The case made by tbe bill and answers may be briefly stated as follows: On the 16th day of September, 1861, Brickell obtained a judgment in the circuit court of Lauderdale, against George G. Armistead and others for $1161 and costs. Execution was issued on this judgment on the 27th day of September, 1861, and returned unsatisfied.
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Appeal from Chancery Court- of Lauderdale. Heard before Hon. William Skinner. The case made by tbe bill and answers may be briefly stated as follows: On the 16th day of September, 1861, Brickell obtained a judgment in the circuit court of Lauderdale, against George G. Armistead and others for $1161 and costs. Execution was issued on this judgment on the 27th day of September, 1861, and returned unsatisfied. On the 29th day of November, 1862, George G. Armistead intermarried with the complainant in the court below. In 1865, an alias execution, and the only one issued after the 27th day of…
1Opinion of the CourtPetebs, J.
It is insisted by the appellant that the judgment of the circuit court in favor of Brickell against said George G. Armistead operated as a lien on the lands mentioned in the complainant’s bill; and that this lien, having accrued before the marriage, defeated the right to dower upon the sale under said execution issued on said judgment to satisfy the same. This defense sets up two assumptions: First, that said judgment was a lien on said lands ; second, that the right of dower attached, subject to be defeated by this lien on a sale of said lands to satisfy said judgment. At least, I so…
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3Cited by6 opinions
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