Lovelace v. Webb
Supreme Court of Alabama
Appeal from Perry Chancery Court. Heard before Pión. Charles Turner. The original bill in this case was filed by the appellees, Webb and Beck, against the appellants, C. W. & J. B. Lovelace, and George Junkins. The defendant Junkins filed a cross-bill, and the appeal by him is from the decree rendered thereon.
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Appeal from Perry Chancery Court. Heard before Pión. Charles Turner. The original bill in this case was filed by the appellees, Webb and Beck, against the appellants, C. W. & J. B. Lovelace, and George Junkins. The defendant Junkins filed a cross-bill, and the appeal by him is from the decree rendered thereon. The material facts may be thus stated: In the year 1873, Crenshaw Lovelace On the 18th day of March, 1875, the appellee, James E. Webb, recovered? a judgment in the Circuit Court of Perry county against Junkins, on a debt contracted in 1866, and on the 25th day of the same month the…
1Opinion of the CourtBrickell, C. J.
A sale of property, real or personal, under execution, passes to the purchaser no other or greater interest than that which the defendant may have when the lien of the execution attaches, or may acquire before the sale, no question arising as to conveyances by the debtor in fraud of creditors. The lands claimed by the appellees, Webb and Beck, as purchasers at execution sale, were under a mortgage prior to the rendition of the judgments and the issue of executions thereon, under which they purchased, the validity of which is undisputed. The only interest of the judgment debtor was an equity…
2Cases cited10 opinions
- Vanderkemp v. SheltonNew York Court of Chancery · 1844
- Heyer v. PruynNew York Court of Chancery · 1839
- Allen v. Montgomery Rail RoadSupreme Court of Alabama · 1847
- Witczinski v. EvermanMississippi Supreme Court · 1876
- Russell v. AllenNew York Court of Chancery · 1843
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3Cited by38 opinions
- Tapia v. DemartiniCalifornia Supreme Court · 1888
- Lindsay v. CooperSupreme Court of Alabama · 1891
- Manchuria S. S. Co. v. Harry G. G. Donald & Co.Supreme Court of Alabama · 1917
- First Nat. Bank of Guntersville v. BainSupreme Court of Alabama · 1939
- Marks v. Robinson & LedyardSupreme Court of Alabama · 1886
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