Hall v. Griffin
Supreme Court of Alabama
Appeal from Pike Chancery Court. Tried before Hon. Jere N. Williams. The case is stated in the opinion. The averments of fraud are wholly insufficient, 3 Brick. Dig. 347, § 230; Norman v. Burns, '67 Ala. 248; Adler b. Vankirk L. & G. Go., 21 So. 490. A judgment creditor who obtains judgment without notice, is protected against dormant conveyance. — Griffin y.
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Appeal from Pike Chancery Court. Tried before Hon. Jere N. Williams. The case is stated in the opinion. The averments of fraud are wholly insufficient, 3 Brick. Dig. 347, § 230; Norman v. Burns, '67 Ala. 248; Adler b. Vankirk L. & G. Go., 21 So. 490. A judgment creditor who obtains judgment without notice, is protected against dormant conveyance. — Griffin y. Hall & Farley, 22 So. 156; Griffin v. Hall, 20 So. 485; Code of 1886, §1810; Winston v. Hodges, 102 Ala. 304; Watt v. Parsons, 73 Ala. 202; Wood v. Lake, 62 Ala. 489. cited, Freeman on Judg., 486 to 489, 490, 491.
1Opinion of the CourtHead, J.
Hall and Farley, trustees, recovered a judgment against appellee, Griffin, in a real action, at the fall term of the circuit court of Pike county, for the land sued for and damages for the detention. Hall and Farley claimed title by purchase at sheriff’s sale under judgment and execution against one Foreman. They introduced the judgment against Foreman, rendered on November 2, 1893, the sheriff’s deed dated October. 21, 1895, and three several executions issued upon said judgment. There was a lapse of an entire term between the issuance of the second and third executions — the third being the…
2Cases cited2 opinions
- Wood v. LakeSupreme Court of Alabama · 1878
- Griffin v. HallSupreme Court of Alabama · 1896
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