Robinson v. Denny
Supreme Court of Alabama
APPEAL from tbe Chancery Court of Chambers. Heard before the Hon. N. S. Graham. Bill was filed by appellants (William C. Robinson and others), against appellees (William S. Denny and others), .alleging in substance as follows; In March, 1866, Jesse B. Robinson, the father of appellants, and under whom they claim, during stress of pecuniary embarrassments, and after he had “ pitched ” a large crop, was forced to borrow money to aid him to cultivate and save the same; that he…
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APPEAL from tbe Chancery Court of Chambers. Heard before the Hon. N. S. Graham. Bill was filed by appellants (William C. Robinson and others), against appellees (William S. Denny and others), .alleging in substance as follows; In March, 1866, Jesse B. Robinson, the father of appellants, and under whom they claim, during stress of pecuniary embarrassments, and after he had “ pitched ” a large crop, was forced to borrow money to aid him to cultivate and save the same; that he applied to one Staples (under whom appellees claim), for a loan of money; that before Staples would loan the money to…
1Opinion of the CourtBrickell, C. J.
1. The property, and rights of property of Jesse B. Robinson, the ancestor of the complainants, on his adjudication as a bankrupt, the appointment of an assignee, and the execution and delivery of an assignment, vested in the assignee exclusively. By operation of law, the bankrupt was disabled from suing subsequently, for the recovery of such property, or the enforcement of such rights— the right of suit followed the property, or rights of property, and resided in the assignee. It is not material whether the property, or right of property, or credit, which is the subject-matter of suit, was…
2Cases cited2 opinions
- Holbrook v. ConeyIllinois Supreme Court · 1861
- Jewett v. PrestonSupreme Judicial Court of Maine · 1847
3Cited by5 opinions
- Johnson v. DavisSupreme Court of Alabama · 1912
- Gayle v. RandallSupreme Court of Alabama · 1882
- Foraast v. HymanAppellate Court of Illinois · 1891
- Clements v. TaylorSupreme Court of Alabama · 1880
- Lafountain v. Burlington Savings BankSupreme Court of Vermont · 1883