Legal Opinion
Hartwell v. Mobile Towing & Wrecking Co.
Supreme Court of Alabama
Decided December 18, 1924No. 1 Div. 342PublishedCited by 6 opinions
1Opinion of the CourtBouldin, J.
The suit may be considered a bill by a judgment creditor to subject equitable assets of the debtor to the payment of the judgment.
In Alabama, the law subjects all the debtor’s property, legal or equithble, other than the homestead and limited exemptions of personalty, to the payment of his debts.
It is a part of our public policy that one shall not enjoy the benefits of the ownership of property without its burdens. Even property coming by gift or devise in trust, so limited that the continued beneficial enjoyment is assured to the cestui que trust, is subject to his debts. Any restriction in…
2Cases cited18 opinions
- Nichols v. EatonSupreme Court of the United States · 1875
- Sears v. ChoateMassachusetts Supreme Judicial Court · 1888
- Shelton v. KingSupreme Court of the United States · 1913
- Hallett v. ThompsonNew York Court of Chancery · 1836
- Bramhall v. . FerrisNew York Court of Appeals · 1856
13 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- First Nat. Bank v. CashSupreme Court of Alabama · 1929
- First Nat. Bank of Mobile v. HartwellSupreme Court of Alabama · 1936
- Sanderson v. GabrielSupreme Court of Alabama · 1945
- Stilson v. Gulf States Paper Corp. (In re Pilkington)District Court, N.D. Alabama · 1987
- Miller v. MillerWest Virginia Supreme Court · 1944
1 more not listed; retrieve them via the Exa API.