Legal Opinion

Johnson v. Motlow

Supreme Court of Alabama

Decided November 10, 1908PublishedCited by 1 opinion

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

  1. Goodbar, White & Co. v. DanielSupreme Court of Alabama · 1889
  2. Lockhart v. McElroySupreme Court of Alabama · 1843
  3. Abercrombie v. ConnerSupreme Court of Alabama · 1846
  4. Mitchell v. CorbinSupreme Court of Alabama · 1890
  5. McCartney v. KingSupreme Court of Alabama · 1854

3Cited by1 opinion

  1. Williams v. BradleySupreme Court of Alabama · 1914

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