Lyon v. Dees
Supreme Court of Alabama
Appeal from Choctaw Chancery Court. Heard before Hon. Thomas W. Coleman. The appellee, Willoughby J. Dees, filed this bill against Joseph M. and Mary J. Lyon, and Calvin Dees, and sought to set aside an execution sale of certain lands, made January 15th, 1885, under a certain judgment recovered in the Circuit Court of Choctaw county on the 29th of April, 1880, by one Ward against Calvin Dee-s and appellee, Willoughby Dees, in the sum of $482.70 and costs, and by said Ward…
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Appeal from Choctaw Chancery Court. Heard before Hon. Thomas W. Coleman. The appellee, Willoughby J. Dees, filed this bill against Joseph M. and Mary J. Lyon, and Calvin Dees, and sought to set aside an execution sale of certain lands, made January 15th, 1885, under a certain judgment recovered in the Circuit Court of Choctaw county on the 29th of April, 1880, by one Ward against Calvin Dee-s and appellee, Willoughby Dees, in the sum of $482.70 and costs, and by said Ward assigned to appellant, J. M. Lyon, some time in 1881, and revived by said Circuit Court October 22, 1884, in the name of…
1Opinion of the CourtClopton, J.
The assignment of error, in reference to the omission of the chancellor to dismiss the bill after having sustained a demurrer thereto, having been abandoned, the only question for consideration relates to the decree of the court overruling a plea, -which sets up in bar of the bill the revival of the judgment, which Ward recovered April 29th, 1880, against the complainant and Calvin Dees. The bill alleges that the judgment was assigned to J. M. Lyon, one of the appellants, in 1881, as security for the sum of two hundred dollars paid by him to Ward at the request of complainant in settlement of…
2Cases cited1 opinion
- Piatt v. OliverU.S. Circuit Court for the District of Ohio · 1837
3Cited by1 opinion
- Lyon v. DeesSupreme Court of Alabama · 1893