Simmons v. Shelton
Supreme Court of Alabama
Appeal from the City Court of Birmingham, in Equity. Heard before the Hon. W. W. Wilkerson. On the 3d of October, 1891, the appellants, C. S. and W. T. Simmons suing as Simmons & Co., filed this bill against D. W. and W. H. Peace, late partners under the name of D. W. Peace & Son, H. V. Peace, and "W. P. and I. G. Wyatt, alleging that in June, 1891, D. W. and W. H. Peace were associated in business as a partnership under the firm name of D. W. Peace & Son, and were engaged…
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Appeal from the City Court of Birmingham, in Equity. Heard before the Hon. W. W. Wilkerson. On the 3d of October, 1891, the appellants, C. S. and W. T. Simmons suing as Simmons & Co., filed this bill against D. W. and W. H. Peace, late partners under the name of D. W. Peace & Son, H. V. Peace, and "W. P. and I. G. Wyatt, alleging that in June, 1891, D. W. and W. H. Peace were associated in business as a partnership under the firm name of D. W. Peace & Son, and were engaged in buying and selling goods ; that they bought goods of complainants in 'June, amounting to $666.05, which they agreed to…
1Opinion of the CourtHaralson, J.
1. The principle underlying the question as to whether the sale from Peace & Son to I. G. Wyatt was fraudulent, has been well settled by our former adjudications, and is, that a sale or conveyance upon a new consideration, though valuable, made by a debtor who is insolvent, or in failing circumstances, will be set aside at the instance of his creditors, if the purchaser or grantee participated in it or knew that the purpose of the debtor was to place his property beyond the reach of his creditors, or had such information as charges him with notice of that purpose. The burden of making this…
2Cases cited8 opinions
- Crawford v. KirkseySupreme Court of Alabama · 1876
- Yeend v. WeeksSupreme Court of Alabama · 1893
- Lehman, Durr & Co. v. Kelly & Bro.Supreme Court of Alabama · 1880
- Smith v. Collins & GriffithSupreme Court of Alabama · 1891
- Lawson v. Alabama Warehouse Co.Supreme Court of Alabama · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- London v. G. L. Anderson Brass WorksSupreme Court of Alabama · 1916
- Stolte v. KarrenCourt of Appeals of Texas · 1916
- Lewis v. DavisSupreme Court of Alabama · 1916
- Pagett v. BrooksSupreme Court of Alabama · 1903
- Burnwell Coal Co. v. SetzerSupreme Court of Alabama · 1919
6 more not listed; retrieve them via the Exa API.