Mathews v. Mobile Mutual Insurance
Supreme Court of Alabama
Appeal from "Wilcox Chancery Court.. Heard before Hon. N. S. Graiiaxi. This was a bill in equity, exhibited, on 7th February, 1880, by the Mobile Mutual Insurance Company, a body corporate, and a simple contract creditor of William T. Mathews, sr., against the said Mathews and others, for the purpose of having vacated and set aside, as fraudulent and void, a conveyance of land, executed by the said Mathews to his son, William T. Mathews, jr., in trust for the grantor’s wife,…
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Appeal from "Wilcox Chancery Court.. Heard before Hon. N. S. Graiiaxi. This was a bill in equity, exhibited, on 7th February, 1880, by the Mobile Mutual Insurance Company, a body corporate, and a simple contract creditor of William T. Mathews, sr., against the said Mathews and others, for the purpose of having vacated and set aside, as fraudulent and void, a conveyance of land, executed by the said Mathews to his son, William T. Mathews, jr., in trust for the grantor’s wife, on 10th December, 1875, and other conveyances of the same land, subsequently executed ; and of subjecting the land…
1Opinion of the Court
BRICKELL, 0. J.
The court of probate lias power, equivalent to that of courts of law, to enforce satisfaction of its decrees for the payment of money, by the ordinary writ of fieri facias, or execution. — Code of 1876, § 711. All writs of fieri facias, issuing from a court of record, are a lien-on the lands and personal property of the defendant, subject to levy and sale, within the county of the sheriff to whom it is delivered for execution ; the lien commencing from the day of delivery, and continuing as long as there is a continuation of the writ, and of its delivery to the sheriff, without…
2Cases cited15 opinions
- Miller v. SherrySupreme Court of the United States · 1865
- Beck v. BurdettNew York Court of Chancery · 1829
- Lehman v. MeyerSupreme Court of Alabama · 1880
- Evans v. WelchSupreme Court of Alabama · 1879
- Dargan v. WaringSupreme Court of Alabama · 1847
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3Cited by20 opinions
- Montgomery & Florida Railway Co. v. McKenzieSupreme Court of Alabama · 1888
- McCormick v. McCormickSupreme Court of Alabama · 1930
- Albright v. AlbrightSupreme Court of Pennsylvania · 1910
- Ritter v. MoseleySupreme Court of Alabama · 1933
- Decatur Charcoal Chemical Works v. MosesSupreme Court of Alabama · 1889
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