Sorrell v. Vance
Supreme Court of Alabama
Appeal from the Chancery Court of Talladega. Heard before the Hon. S. K. McSradden. This was a bill for discovery, filed by the appellees against the appellants. There were demurrers interposed by the defendants to the bill, which were overruléd. The facts are sufficiently stated in the opinion. The defendants appeal, and assign the decretal order of the chancellor in overruling the demurrers as error.
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Appeal from the Chancery Court of Talladega. Heard before the Hon. S. K. McSradden. This was a bill for discovery, filed by the appellees against the appellants. There were demurrers interposed by the defendants to the bill, which were overruléd. The facts are sufficiently stated in the opinion. The defendants appeal, and assign the decretal order of the chancellor in overruling the demurrers as error. The bill, being a bill for discovery, must allege that the creditor has not visible property or other means accessible to legal process to satisfy the debtor’s demand. — Lawson v. Warren, 89…
1Opinion of the CourtHead, J.
Section 3545, Code of 1886, provides, that, “A creditor, having obtained a judgment at law upon which execution has issued and been returned ‘no property found,’ or a creditor without a lien or-judgment, may, in the court of chancery of the district in which the judgment debtor resides, or in the court of chancery of the district in which the judgment was rendered, file a bill for the discovery of the assets of the debtor subject to the payment of debts; and the debtor must answer on oath, and disclose all property, real or personal, in which he may have, or may claim, an interest, legal - or…
2Cases cited2 opinions
- Lawson v. WarrenSupreme Court of Alabama · 1889
- Sweetzer, Pembrook & Co. v. BuchananSupreme Court of Alabama · 1891
3Cited by4 opinions
- Duncan v. AshcraftSupreme Court of Alabama · 1898
- Pollak v. BillingSupreme Court of Alabama · 1901
- Edinburgh American Land Mtg. Co. v. GrantSupreme Court of Alabama · 1907
- Etheridge Bros. v. Swann-Abrams Hat Co.Supreme Court of Alabama · 1906