Reports of Cases Argued and Determined in the Supreme Court of Alabama Volume 1-2

Reports of Cases Argued and Determined in the Supreme Court of Alabama Volume 1-2

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: ...he had any, it was fully balanced between the parties. It was said that Stokes being the security of Turner on the refunding bond given to Brahan & Atwood, on the dissolution of the injunction they had obtained, fixed his interest; the objection would have been a good one, if it had been taken in that suit; but it does not make him an interested witness in this. There was no exception taken to the testimony of either of the witnesses on the hearing of the bill before the chancellor, and it is too late to make it now; besides, the record shows, that the testimony was taken and read by consent. The authority in Perkins vs. Parker 1 Mass. 117, can not control this case. It goes only to show, that if the consideration of an assignment is adequate, that a court of law will protect this equitable lien against the creditor of the assignor. One of the Judges expressed a doubt, whether the assignment 21 ought not to be made by deed. And perhaps, in Massachusetts, where they have no court of equity, and the relief granted is by an application of the principles of the common law. there is something plausible in the doubt. The other Judge was, however, of the opinion, that the assignment need not be by deed. If there had been a court of chancery in Massachusetts, and the application had been made to that court, there would have been no doubt of its competency to protect an equitable Hen acquired by parol. it is contended that Eaton's equity is the oldest, and should be preferred: that by Ragland's assignment to Turner, Eaton's judgment had acquired a lien--that it could not lose by Turner's assignment to Patterson. If Patterson and Eaton had both gone into a court of chancery, to compel Brahan & Atwood to pay over to them the amount of their...
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Product details

  • Paperback | 284 pages
  • 189 x 246 x 15mm | 513g
  • Miami Fl, United States
  • English
  • Illustrations, black and white
  • 1236618319
  • 9781236618313