Neely v. Henry
Supreme Court of Alabama
Appeal from the Circuit Court <3f Marshall. Tried before the Hon. Louis "Wyeth. This action was brought by Albert G. Henry, against John H. Neely; was commenced on the 4th August, 1879, and was founded on a promissory note, signed by the defendant, of which the following is a copy: “ $134.34. Guntersville, Ala., January 1st, 1877. One day after date, I promise to pay A. G. Henry & Co. one hundred and thirty-four 34-100 dollars, for value received; and as part of the…
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Appeal from the Circuit Court <3f Marshall. Tried before the Hon. Louis "Wyeth. This action was brought by Albert G. Henry, against John H. Neely; was commenced on the 4th August, 1879, and was founded on a promissory note, signed by the defendant, of which the following is a copy: “ $134.34. Guntersville, Ala., January 1st, 1877. One day after date, I promise to pay A. G. Henry & Co. one hundred and thirty-four 34-100 dollars, for value received; and as part of the consideration, I hereby waive all and every right which I may have, under the constitution and laws of Alabama, to have any…
1Opinion of the Court
BBTOKELTj, 0. 3&wkey;
In the absence of statutory or con” ' *264stitutional exemptions, the law subjects to the payment of debts any and every beneficial interest of the debtor in property, real or personal, whether the interest is legal or equitable, held severally, jointly, or in common with others. Nor is there any intendment that the parties have in view only the property which the debtor may own at the time.of entering into a contract, or to which he may then have an inchoate right. Subsequently acquired property is as liable to the payment of debts, as that the debtor may own at the time of…
2Cases cited2 opinions
- McCulloch v. MarylandSupreme Court of the United States · 1819
- Nelson v. McCrarySupreme Court of Alabama · 1877
3Cited by8 opinions
- Broadway v. Household Fin. Corp. of HuntsvilleCourt of Civil Appeals of Alabama · 1977
- Coffman v. FoldsSupreme Court of Alabama · 1927
- Consolidated Motor Co. of Alabama v. MalikSupreme Court of Alabama · 1922
- Wagnon v. KeenanSupreme Court of Alabama · 1884
- Seay v. PalmerSupreme Court of Alabama · 1890
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