Fleming v. Fowlkes & Myatt Co.
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Hugh A. Locke, Judge. Bill by the Fowlkes & Myatt Company, judgment creditor, against C. C. Fleming and others to enforce the lien of their judgment upon certain property. From a decree overruling his demurrers to the bill, respondent C. C. Fleming appeals. The judgment is presumed paid and satisfied.
Read the full summary
Appeal from Circuit Court, Jefferson County; Hugh A. Locke, Judge. Bill by the Fowlkes & Myatt Company, judgment creditor, against C. C. Fleming and others to enforce the lien of their judgment upon certain property. From a decree overruling his demurrers to the bill, respondent C. C. Fleming appeals. The judgment is presumed paid and satisfied. Sections 4152 and 4833, Code 1907; 106 Ala. 353, 52 South. 200; 86 Ala. 391, 5 South. 306. A delay of 12 years is an effectual bar to the right on the ground of laches. 55 Ala. 525; 80 Ala. 78, 60 Am. Rep. 85; 164 Ala. 414, 51 South. 393.
1Opinion of the CourtSayre, J.
Appellee, a corporation, filed the bill in this cause making parties defendant thereto C. C. Fleming, L. A. Fleming, his wife, and Charlie’s Transfer Company, also a corporation. The circuit judge, sitting as chancellor, overruled the separate demurrer of the defendant Fleming, and upon appeal from that decree said defendant assigns errors separately.
In appellee’s bill it is alleged that the Fox Sons Smith Company, a corporation, brought its action at law against appellant on March 23, 1903, to recover judgment on’ a claim which had accrued long before, and that judgment was rendered for…
2Cases cited2 opinions
- Fowler v. Alabama Iron & Steel Co.Supreme Court of Alabama · 1910
- Pollak v. BillingSupreme Court of Alabama · 1901
3Cited by5 opinions
- Craig v. RootSupreme Court of Alabama · 1946
- Gant v. GilmerSupreme Court of Alabama · 1944
- Lamar v. RiversSupreme Court of Alabama · 1937
- Rainer v. MoseleySupreme Court of Alabama · 1951
- Carr v. CowanSupreme Court of Alabama · 1954