Baskins v. Calhoun
Supreme Court of Alabama
Appeal from Chancery Court of Bullock. Heard before Hon. B. B. McOraw. The facts are sufficiently stated in the opinion. 1. Judgment rendered on the 14th of March, 1866, is not a lien on land.
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Appeal from Chancery Court of Bullock. Heard before Hon. B. B. McOraw. The facts are sufficiently stated in the opinion. 1. Judgment rendered on the 14th of March, 1866, is not a lien on land. The act of the 10th of December, 1861, which first gave to judgments the effect of liens, was repealed by the first section of the act of 8th of December, lb63. This latter act provided for liens, but it was repealed by the act of the 23d of February, 1866. 2. The defense of usury is personal to the debtor, and cannot be set up by any other person . — Harbinson v. Harrell, 19 Ala. 753; Fenno v. Sayre &…
1Opinion of the CourtB. F. Saffold, J.
The appellee recovered a judgment against the appellant, John 0. Baskins, in the circuit court of Pike county, on the 14th of March, 1866. He claims, by his bill in equity, to subject to the payment of his judgment certain lands which his debtor conveyed by mortgage to Joel H. Bainer, on the 25th of May, 1866, and to Anne Jane Baskins on the 25th of July, 1866. He does not expressly aver that his judgment is a prior lien upon these lands, but alleges that the conveyances are a cloud upon the title which would impair their sale under execution. He also charges that the deeds are fraudulent,…
2Cases cited6 opinions
- Cain v. GimonSupreme Court of Alabama · 1860
- Bryant v. YoungSupreme Court of Alabama · 1852
- Harbinson v. HarrellSupreme Court of Alabama · 1851
- Williams v. HatchSupreme Court of Alabama · 1862
- Hollinger v. HollySupreme Court of Alabama · 1845
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