Legal Opinion

Autauga Banking & Trust Co. v. Chambliss

Supreme Court of Alabama

Decided April 26, 1917No. 3 Div. 264PublishedCited by 9 opinions

Appeal from Chancery Court, Autauga County; Leon McCord, Chancellor. Bill by the Autauga Banking & Trust Company against Joe A. Chambliss and Carrie Chambliss. Decree for respondents, and complainant appeals.

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Appeal from Chancery Court, Autauga County; Leon McCord, Chancellor. Bill by the Autauga Banking & Trust Company against Joe A. Chambliss and Carrie Chambliss. Decree for respondents, and complainant appeals. The bill alleges a large indebtedness by Joe A. Chambliss to the hank which was reduced to judgment, and a certificate of said judgment duly filed for record in the office of the judge of probate of Autauga county, on November 10, 1913; execution duly issued upon said judgment with the return of no property found, and that complainant has been unable to locate property of defendant out…

1Opinion of the CourtSayre, J.

[1] It is clear beyond reasonable doubt that the appellee J. A. Chambliss was named as grantee in the deed executed by L. A. Chambliss on the 21st day of January, 1910. Thereby the legal title to an undivided half interest, the half interest in controversy, vested in the grantee named, and in him it still is. If the appellant Banking & Trust Company, at the time its certificate of judgment was filed for record, had no notice of the equity now asserted by the appellee C. E. Chambliss, wife of J. A. Chambliss, then appellant became and is now entitled to protection as an innocent purchaser for…

2Cases cited7 opinions

  1. Kennedy v. First National BankSupreme Court of Alabama · 1894
  2. McCarthy v. NicrosiSupreme Court of Alabama · 1882
  3. Clark v. SpencerSupreme Court of Alabama · 1883
  4. Silvey & Co. v. CookSupreme Court of Alabama · 1914
  5. Motley v. JonesSupreme Court of Alabama · 1893

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Lightsey v. StoneSupreme Court of Alabama · 1951
  2. Holly v. DinkinsSupreme Court of Alabama · 1919
  3. Coleman v. Birmingham Fertilizer Co.Supreme Court of Alabama · 1922
  4. Smith v. Arrow Transp. Co., Inc.Supreme Court of Alabama · 1990
  5. Burgin v. HodgeSupreme Court of Alabama · 1922

4 more not listed; retrieve them via the Exa API.

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