Opinion

Miller v. Buell

226 Ala. 212 · Supreme Court of Alabama · Mar 9, 1933

Full text

MILLER v. BUELL Et Al.

Opinions in this case

Majority
Majority — Anderson
On the merits

ANDERSON, Chief Justice. This case has been here before. 224 Ala. 566, 141 So. 223. The decree of the trial court in setting aside the conveyance of the debtor, Buell, to his wife was affirmed. Afterwards, the trial court ordered a sale of the property, and on August 11, 1932, rendered a decree, the effect of same providing for the reimbursement of the grantee Mrs. Buell’s $1,500 paid by her on the Giles mortgage which was a prior lien to the complainant’s judgment, and the payment of the mortgage by Mrs. Buell was assumed as a part of the consideration for the conveyance made her by her husband. The decree of September 19, '1931, did not deal with this $1,500. It was mentioned in the opinion, but not the decree. Therefore, the decree of August 11, 1932, and the one the next day explaining and modifying the one of the 11th, was such a final decree as to the allowance of this $1,-500 as will support this appeal and the motion to dismiss same is overruled.

1933 Ala. LEXIS 518

146 So. 613

Cited by

George D. Patterson, District Director of Internal Revenue, for District of Alabama, and Cross-Appellee v. L. A. Sims, and Cross-Appellant. L. A. Simms, and Cross-Appellant v. George D. Patterson, District Director of Internal Revenue, for District of Alabama, and Cross-Appellee
Fifth Circuit · Aug 5, 1960
Patterson v. Sims
Fifth Circuit · Aug 5, 1960
First Nat. Bank of Birmingham v. Love
Supreme Court of Alabama · Mar 12, 1936
Booker T. Washington Burial Ins. Co. v. Roberts
Supreme Court of Alabama · Mar 8, 1934

Parentheticals

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