Hamilton v. Phillips Bros.
Supreme Court of Alabama
Appeal from the City Court of Gadsden. Tried before Hon. John H. Risque. This was an action on the case, brought by the appellants against the appellees to recover damages for the purchase by the defendants of property on which the plaintiffs had a lien.
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Appeal from the City Court of Gadsden. Tried before Hon. John H. Risque. This was an action on the case, brought by the appellants against the appellees to recover damages for the purchase by the defendants of property on which the plaintiffs had a lien. The complaint averred that on April 12, 1894, the plaintiff recovered a judgment in the circuit court of St. Clair -county, Alabama, against one R. O. Palmer, a resident of St. Clair county, for one hundred and five and 56-100 dollars, together with the costs of said suit, which said judgment was, on April 26,1894, duly certified by the clerk…
1Opinion of the CourtMcCLELLAN, J.
The city court erred in overruling the demurrer to defendants’ second plea. It is immaterial whether a judgment or execution lien is suspended in a sense as to property removed from the county or not. Whether so or not it is still a potential lien, and may be effectuated as against ad interim purchasers for value without actual notice through an execution sent to the county to which the property has been removed. Street v. Duncan, 117 Ala. 571. And if the right and power thus to effectuate the lie'n is destroyed or lost through the act of a third person in purchasing the property from the…
2Cases cited1 opinion
- Street v. DuncanSupreme Court of Alabama · 1897
3Cited by4 opinions
- Connecticut General Life Ins. Co. v. SmithSupreme Court of Alabama · 1932
- State ex rel. Brassell v. TeasleySupreme Court of Alabama · 1915
- Jones v. HallSupreme Court of Virginia · 1941
- Horton v. HovaterAlabama Court of Appeals · 1914