Evans v. Silvey & Co.
Supreme Court of Alabama
Appeal from Cleburne Chancery Court. Heard, before Hon. B. B. Kelly. This bill was hide by 1). O. Daugherty, William A. Speer, Jerome Silvey, W. A. Ward, J. B. Little and A. L. Bedwine, as individuals and as partners composing the firm of John Silvey & Company, against the. administrators and heirs of S. O. Stripling, deceased.
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Appeal from Cleburne Chancery Court. Heard, before Hon. B. B. Kelly. This bill was hide by 1). O. Daugherty, William A. Speer, Jerome Silvey, W. A. Ward, J. B. Little and A. L. Bedwine, as individuals and as partners composing the firm of John Silvey & Company, against the. administrators and heirs of S. O. Stripling, deceased. The allegations were to the effect that, during the life of said Stripling, a judgment was rendered against him in favor of “John Silvey & Co., a firm composed of the estalte of John Silvey,” and the other named complainants. This judgment was dulv recorded in the…
1Opinion of the CourtAnderson, J.
The defense made to this bill presents but two questions. First, whether or not there was a valid judgment to support the lien? Second, if *401there was, did the lien abate upon the death of the defendant or upon his estate being declared insolvent?
The judgment was a valid one in favor of the surviving partners of the late firm of Silvey & Company, as the estate of the deceased member could be no party plaintiff. Upon the death of one partner, the legal title to the assets and the lights to sne for partnership debts are vested in the surviving partners. — Costly v. Wilkinson, 49 Ala. 210. And the…
2Cases cited5 opinions
- Westmoreland & Trousdale v. FosterSupreme Court of Alabama · 1877
- Bingham v. VandegriftSupreme Court of Alabama · 1890
- Enslen v. WheelerSupreme Court of Alabama · 1893
- Roberts v. ConnellySupreme Court of Alabama · 1848
- Hurt v. Nave's AdministratorSupreme Court of Alabama · 1873
3Cited by5 opinions
- United States Fidelity & Guaranty Co. v. First Nat. Bank of LincolnSupreme Court of Alabama · 1932
- Wade v. KaySupreme Court of Alabama · 1923
- Averyt Drug Co. v. Ely-Robertson-Barlow Drug Co.Supreme Court of Alabama · 1915
- Cummings v. State Ex Rel. BiggsSupreme Court of Alabama · 1925
- Rich v. CooperNebraska Supreme Court · 1939