Roden v. Jaco
Supreme Court of Alabama
Error to the Circuit Court of Marshall. Tried before the Hon. Geo. Goldthwaite. This was an action of trespass to try title to certain parcels of land in Marshall county, and was instituted by the defendant against the plaintiffs in error, who are the heirs at law of Margaret Roden, dec’d.
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Error to the Circuit Court of Marshall. Tried before the Hon. Geo. Goldthwaite. This was an action of trespass to try title to certain parcels of land in Marshall county, and was instituted by the defendant against the plaintiffs in error, who are the heirs at law of Margaret Roden, dec’d. By a bill of exceptions found in the record, it appears that the plaintiff below introduced in evidence patents from the United States to him for the lands in controversy, dated in 1833, and a deed for the same from- Septimus B. Cabiuess, the Assignee in Bankruptcy for the Northern District of Alabama,…
1Opinion of the CourtParsons, J.
-In Cogburn & Powell v. Spence & Elliott, 15 Ala. 549, it was the opinion of this court that an execution issued from a judgment which was rendered against a bankrupt before he obtained his final discharge, was not void, but voidable only at the instance of the bankrupt; and that such an execution was a protection to the party at whose instance it wap issued, until avoided. In that case the judgment was rendered before the commencement of proceedings in bankruptcy; in this after, but before the final discharge. We think this difference cannot he material in a question between the creditor and…
2Cases cited1 opinion
- Cogburn v. Spence & ElliottSupreme Court of Alabama · 1849
3Cited by1 opinion
- Trimble v. WilliamsonSupreme Court of Alabama · 1873