Johnson v. Motlow
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John H. Disque. ' Action by Thomas L. Johnson, against Spoon Mot-low. From a judgment granting defendant’s motion to have judgment against his satisfied, M. B. Johnson, plaintiff’s executor, appeals. Appellant’s intestate sued Collier, and recovered a judgment against him in the sum of $S65. The suit grew out of money Avon by Collier on a wager from Johnson.
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Appeal from Gadsden City Court. Heard before Hon. John H. Disque. ' Action by Thomas L. Johnson, against Spoon Mot-low. From a judgment granting defendant’s motion to have judgment against his satisfied, M. B. Johnson, plaintiff’s executor, appeals. Appellant’s intestate sued Collier, and recovered a judgment against him in the sum of $S65. The suit grew out of money Avon by Collier on a wager from Johnson. Johnson also sued MotlOAA1, and recovered judgment against him for $461.33, besides costs of suit. On appeal to the Supreme Court this judgment Avas affirmed, and 10 per cent, damages…
1Opinion of the CourtAndebson, J.
— The proceeds of the sale of defendant’s property, under the execution on the Collier judgment, was pro tanto a satisfaction of the said judgment, and it matters not that the property sold thereunder was the defendant’s exemptions, and that defendant subsequently secured a judgment against Johnson and the sheriff, in trespass, for taking same. As was said in the case of Goodbar v. Daniel, 88 Ala. 588, 7 South. 256, 16 Am. St. Rep. 76: The question whether a purchaser at sheriff’s sale will be relieved from the effect of his bid, on its being made to appear that the defendant in execution had…
2Cases cited5 opinions
- Goodbar, White & Co. v. DanielSupreme Court of Alabama · 1889
- Lockhart v. McElroySupreme Court of Alabama · 1843
- Abercrombie v. ConnerSupreme Court of Alabama · 1846
- Mitchell v. CorbinSupreme Court of Alabama · 1890
- McCartney v. KingSupreme Court of Alabama · 1854
3Cited by1 opinion
- Williams v. BradleySupreme Court of Alabama · 1914