Erlenbach v. Cox
Supreme Court of Alabama
Appeal from Circuit Court, Dallas County; J. B. Evans, Special Judge. Bill by Ludwig ErlenbacK and others against Mrs. Lula E. Cox, individually and as a widow of C. C. Cox, C. K. Cox, individually, and as administrator of the estate of G. O. Cox and others, to enforce the lien of a tort judgment upon the homestead. From a decree sustaining demurrers to the bill, complainants appeal.
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Appeal from Circuit Court, Dallas County; J. B. Evans, Special Judge. Bill by Ludwig ErlenbacK and others against Mrs. Lula E. Cox, individually and as a widow of C. C. Cox, C. K. Cox, individually, and as administrator of the estate of G. O. Cox and others, to enforce the lien of a tort judgment upon the homestead. From a decree sustaining demurrers to the bill, complainants appeal. The certificate of judgment was properly filed against Oox during his life and fixed a lien against his real estate. Section 4157, Code 1007; 115 Ala. 77, 22 South. 458; 195 Ala. 507, 70 South. 169. The bill in…
1Opinion of the CourtGardner, J.
Appellants recovered judgments in certain tort actions against one C. C. Cox, which judgments were duly and promptly recorded in Dallas county, as provided by law for the establishment of a lieii upon all property of the defendant therein subject to levy and sale under execution. Section 4157, Code 1907.
Some time after the recordation 'of these judgments, said C. C. Cox died, and appellants filed this bill against his widow, heir at law, as well as the administrator of the estate, for the enforcement of these liens, and sought a satisfaction thereof through a sale of the homestead of said C.…
2Cases cited8 opinions
- Miller v. MarxSupreme Court of Alabama · 1876
- Enslen v. WheelerSupreme Court of Alabama · 1893
- Schuessler v. DudleySupreme Court of Alabama · 1886
- Meredith v. HolmesSupreme Court of Alabama · 1880
- Kimball v. Cunningham Hardware Co.Supreme Court of Alabama · 1918
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Horan v. HoranSupreme Court of Alabama · 1953
- Huckabee v. StephensAlabama Court of Appeals · 1940
- Brown Shoe Co. v. SchaeferSupreme Court of Alabama · 1942
- Harris v. JenkinsSupreme Court of Alabama · 1956
- Glover v. MitchellSupreme Court of Alabama · 1924
7 more not listed; retrieve them via the Exa API.