Henderson v. Steiner-Lobman Dry Goods Co.
Henderson v. Steiner-Lobman Dry Goods Co.
Opinion of the Court
It is argued in the first place that there can be no marshaling of assets for the alleged reason that there are no two funds to which the parties may have recourse for the satisfaction of their respective judgments. It is true, in general, that before the doctrine of marshaling assets will be applied, there must be two funds or properties. This follows upon a statement of the doctrine which may be found in many of our eases and need not be repeated. Gusdorf v. Ikelheimer, 75 Ala. 148. There can be no doubt that the bill states a case for the application of the doctrine so far as this point is concerned, and this does not seem to be very seriously contested, for tfte argument drifts away to the proposition that, since the proof shows the property of appellant in Pike county to be sufficient for the satisfaction of the claims óf Fox Henderson and Holman, there is no reason why equity should interfere. This is adequately answered by reference to the statement of the doctrine in our eases and to the purpose of the bill in accordance therewith, which is to require Fox Henderson and Holman to satisfy their claims out of the properties on which they have prior liens.
“The statutory modes provided in this Oode for the enforcement of liens are not the exclusive modes of enforcing such liens; but are *326 cumulative merely. Any lien may be enforced in the manner provided by statute, if so provided, or in equity, or by attachment for enforcing liens, or by any similar mode or remedy existing at common law.”
This language, we think it must be observed, is broader than the chapter of the Code in which it is found, is amply broad to cover the ease of the lien of a recorded judgment, and we see no reason for holding to the contrary.
Other objections to the decrees rendered by the court in favor of the original appellees in this cause are stated in rather a casual way; they are not argued. We find nothing in them.
Affirmed on both appeals.
Reference
- Full Case Name
- HENDERSON v. STEINER-LOBMAN DRY GOODS CO. Et Al.
- Cited By
- 7 cases
- Status
- Published