Tatum v. Commercial Bank & Trust Co.
Supreme Court of Alabama
Appeal from Montgomery Circuit ■ Court. Heard before Hon. W. W. Pearson. Assumpsit by the Commercial Bank & Trust Company against Howell Tatum, with garnishment in aid of suit served upon A. H. Arrington, and attachment levied upon real estate. Judgment for plaintiff, and defendant appeals.
Read the full summary
Appeal from Montgomery Circuit ■ Court. Heard before Hon. W. W. Pearson. Assumpsit by the Commercial Bank & Trust Company against Howell Tatum, with garnishment in aid of suit served upon A. H. Arrington, and attachment levied upon real estate. Judgment for plaintiff, and defendant appeals. The notes sued on as set out in the complaint were executed by Howell Tatum, payable to Loren B. Williamson, 33 in number of various amounts, aggregating $10,000, all made in 1911, on various dates, and payable four months after date to the order of L. B. Williamson. The complaint alleges that each of said…
1Opinion of the Court
ANDERSON, C. J—
Section 2940 of the Code of 1907, authorizes the levy of an attachment on real estate of the defendant whether he own a fee-simple or any less legal estate. That the will of defendant’s father gave him some legal estate in the land in question there can be no doubt. As to the nature and extent of same, and as to whether or not it is iiable to be divested by his failure to survive a certain period, or as to the extent of the title or interest a purchaser may acquire under an execution sale, is a question of very serious doubt and uncertainty and is one that we are not now called…
2Cases cited8 opinions
- McNight v. ParsonsSupreme Court of Iowa · 1907
- Jones v. ReeseSupreme Court of Alabama · 1880
- Rugely v. RobinsonSupreme Court of Alabama · 1846
- Alabama National Bank v. HalseySupreme Court of Alabama · 1895
- Allen v. WattsSupreme Court of Alabama · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Henderson v. HendersonSupreme Court of Alabama · 1923
- Citizens Nat. Bank v. BuckheitAlabama Court of Appeals · 1916
- Tatum v. Commercial Bank & Trust Co.Supreme Court of Alabama · 1915
- Elmore County Bank v. AvantSupreme Court of Alabama · 1914
- In re Grocers' Baking Co.District Court, N.D. Alabama · 1920
18 more not listed; retrieve them via the Exa API.