Roy v. Abraham
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Walter B. Jones, Judge. Bill by James D. Roy against Adolph Abraham and others to enforce the judgment lien on an undivided interest in real estate and; for the sale of same for partition or division. From a decree sustaining Abraham’s demurrers and dismissing the bill as to the other defendants, complainant appeals.
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Appeal from Circuit Court, Montgomery County; Walter B. Jones, Judge. Bill by James D. Roy against Adolph Abraham and others to enforce the judgment lien on an undivided interest in real estate and; for the sale of same for partition or division. From a decree sustaining Abraham’s demurrers and dismissing the bill as to the other defendants, complainant appeals. The bankruptcy proceedings did not affect the lien of the judgment, as it was more than four months old. 3 R. C. L. §§ 142, 143; 7 O. J. 185, 192, and note; 23 N. D. 477, 137 N. W. 412, 42 L. R. A. (N. S.) 292. The mere setting apart…
1Opinion of the CourtMiller, J.
James D. Roy in 1913 recovered a judgment against Adolph Abraham. A certificate of it was duly recorded in the probate office of Montgomery county in that year. Adolph Abraham, Joseph Zadek, Isa-dore Zadek, and Rosa Sacks own jointly [one-fourth each] a house and lot in Montgomery. Adolph Abraham in April, 1919, was adjudicated a bankrupt, and was discharged. He did not schedule his interest in this house and lot. In Juno, 1921, after his discharge, he filed petition in the court, averred failure to schedule the property, asked that it be done, and that it be set apart to and allowed him as*…
2Cases cited10 opinions
- Kelly v. DeeganSupreme Court of Alabama · 1895
- Shepard v. Mount Vernon Lumber Co.Supreme Court of Alabama · 1915
- Perkins, Livingston & Post v. Brierfield Iron & Coal Co.Supreme Court of Alabama · 1884
- Erswell v. FordSupreme Court of Alabama · 1921
- Arnett v. BaileySupreme Court of Alabama · 1877
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Musa v. Segelke & Kohlhaus Co.Wisconsin Supreme Court · 1937
- James E. Folsom v. United StatesCourt of Appeals for the Fifth Circuit · 1962
- Wood v. BarnettSupreme Court of Alabama · 1922
- Reynolds v. ReynoldsSupreme Court of Alabama · 1922
- Jones v. HallSupreme Court of Virginia · 1941
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