Dargan v. Waring
Supreme Court of Alabama
Appeal from the Court of Chancery at Mobile. The appellant filed his petition, stating that on the 28th December, 1840, Sylvester L. Fowler, Charles Fowler and Wm.
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Appeal from the Court of Chancery at Mobile. The appellant filed his petition, stating that on the 28th December, 1840, Sylvester L. Fowler, Charles Fowler and Wm. Prout recovered a judgment in the circuit court of the United States for the southern district of Alabama, against John Ticknor, for the sum of $4991, besides costs ; and on the 31st of the same month and year, Thomas Crouch, Richard Crouch and Jesse Sneed recovered a judgment in the same court against the same defendant for the sum of $7176 25, and costs. On both these judgments, executions were issued within one month after the…
1Opinion of the CourtCollier, C. J.
A judgment creditor may resort to a-court of equity not only to subject the equitable interests of his debtor, but for the purpose of removing impediments to the sale at its value of an estate which may be reached by a *994fieri facias. It has been held, that he may file his bill-to set aside a fraudulent conveyance of land as soon as he has obtained a judgment which is a Lien upon it, (Mohawk Bank v. Atwater, 2 Paige’s R. 54;) and to entitle him thus to proceed it is not necessary that he should first sue out an execution. [3 Paige’s Rep. 320. But see 1 Monr. Rep. 106, 231; 4 Id. 580; 1 Litt.…
2Cases cited7 opinions
- McElwain v. WillisCourt for the Trial of Impeachments and Correction of Errors · 1832
- Campbell v. SpenceSupreme Court of Alabama · 1843
- Scott v. M'MillenCourt of Appeals of Kentucky · 1822
- Wood v. GarySupreme Court of Alabama · 1843
- Morris v. EllisSupreme Court of Alabama · 1842
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Crawford v. KirkseySupreme Court of Alabama · 1876
- Lehman v. MeyerSupreme Court of Alabama · 1880
- Robinson v. Springfield Co.Supreme Court of Florida · 1885
- Pharis v. LeachmanSupreme Court of Alabama · 1852
- Flewellen v. CraneSupreme Court of Alabama · 1877
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