Bolling v. Munchus
Supreme Court of Alabama
Appeal from the Chancery'Court of Butler. Beard before tbe Hon. Huriosco Austill. The facts are contained in the opinion. 1. The complainant was a judgment creditor of Munchus, and his lien was not impaired by the bankruptcy of his debtor.— Qrowe v.Reid, 57 Ala. 281. 2. Bj the assignee in bankruptcy ever had any right to the land he failed to enforce it within two years of the bankruptcy, and thereby abandoned his right.—19 Ala. 454; Bankr.
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Appeal from the Chancery'Court of Butler. Beard before tbe Hon. Huriosco Austill. The facts are contained in the opinion. 1. The complainant was a judgment creditor of Munchus, and his lien was not impaired by the bankruptcy of his debtor.— Qrowe v.Reid, 57 Ala. 281. 2. Bj the assignee in bankruptcy ever had any right to the land he failed to enforce it within two years of the bankruptcy, and thereby abandoned his right.—19 Ala. 454; Bankr. Law 1367, § 2. 3. The obligation of Munchus to his sureties existed in 1861, and this obligation to hold them harmless was older than his deed to trustees…
1Opinion of the Court
STONE, J.—
The present bill was filed in May, 1876, and seeks to subject lands, alleged to have been fraudulently disposed of by Joseph Iv. Munchus, to the payment of a judgment rendered against said Munchus in 1867, and transferred to Bolling and E. II. Pickens, who had paid the alleged debt as the sureties of said Munchus. The bill fails to aver that execution had been issued and kept alive, on said judgment, and makes a claim against Munchus of a debt without a lien. Pickens had died before this suit was brought—had no personal reprsentative, and no one representing his estate, was made a…
2Cases cited9 opinions
- Doe v. ChildressSupreme Court of the United States · 1875
- Rugely v. RobinsonSupreme Court of Alabama · 1851
- Colbert v. DanielSupreme Court of Alabama · 1858
- Ramey v. GreenSupreme Court of Alabama · 1851
- Frowner v. JohnsonSupreme Court of Alabama · 1852
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3Cited by4 opinions
- McCoy v. GentrySupreme Court of Alabama · 1882
- Gayle v. RandallSupreme Court of Alabama · 1882
- Cain v. SheetsSupreme Court of Alabama · 1884
- Clements v. TaylorSupreme Court of Alabama · 1880