Riordan v. Schlicher
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Bill by Peter Sehlicher against W. D. Aiken and others, in which James Riordan intervened and claims a fund disclosed by the answer of the garnishee, James E. Webb. From a decree awarding the fund to plaintiff, intervener appeals. The secured creditor had no legal or equitable right to property conveyed to the trustee. He had only a right to enforce the collection of the debt.
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Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Bill by Peter Sehlicher against W. D. Aiken and others, in which James Riordan intervened and claims a fund disclosed by the answer of the garnishee, James E. Webb. From a decree awarding the fund to plaintiff, intervener appeals. The secured creditor had no legal or equitable right to property conveyed to the trustee. He had only a right to enforce the collection of the debt. He had no estate but a mere chose in action. — Morris v. Baker, 82 Ala. 272; Martin v. Charter, 90 Ala. 96. Tlie interest of a mortgagee in mortgaged…
1Opinion of the CourtDenson, J.
Peter Scliliclier, a nonresident of Alabama, filed his bill in equity in the city court of Birmingham against W. 1). Aiken, also a nonresident, and James E. Webb, alleging that Aiken was indebted to him on certain promissory notes for about $1,000; that he had not sufficient property in the. state of his residence to satisfy the debt but was the beneficial or equitable owner of lands in Jefferson county, Ala., the legal title to which was in Jadíes E. Webb, who as trustee, was managing and selling said lands and paying the proceeds of the sale to the said Aiken and other equitable owners. The…
2Cases cited5 opinions
- Planters' & Merchants' Insurance v. TunstallSupreme Court of Alabama · 1882
- Lee v. WimberlySupreme Court of Alabama · 1893
- Wells v. CodySupreme Court of Alabama · 1895
- Hanchey v. HurleySupreme Court of Alabama · 1900
- Ware v. Seasongood, Menderson & Co.Supreme Court of Alabama · 1890
3Cited by2 opinions
- Hartwell v. Mobile Towing & Wrecking Co.Supreme Court of Alabama · 1924
- Kenan v. MoonSupreme Court of Alabama · 1930