McGrangh v. Deposit Bank
Supreme Court of Alabama
Appeal from Lowndes Chancery Court. Heard before Hon. W. L. Parks. The bill in this case was filed by the appellee, the Deposit Bank of Frankfort, a corporation of the state of Kentucky, against the appellant, W. P. McGaugh. On the 18th of August, 1898, the complainant, which will he referred to as the “Bank,” obtained a judgment in the circuit court of Lowndes county for $1,068.21 against. A. E. Caffee, besides costs of suit.
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Appeal from Lowndes Chancery Court. Heard before Hon. W. L. Parks. The bill in this case was filed by the appellee, the Deposit Bank of Frankfort, a corporation of the state of Kentucky, against the appellant, W. P. McGaugh. On the 18th of August, 1898, the complainant, which will he referred to as the “Bank,” obtained a judgment in the circuit court of Lowndes county for $1,068.21 against. A. E. Caffee, besides costs of suit. After said judgment was obtained the bank filed its bill in the chancery court of Lowndes for the purpose of haying declared fraudulent and void certain conveyances by…
1Opinion of the CourtDenson, J.
This is the second appeal in this case. The appeal now, as was the former one, is from an interlocutory decree adjudging the plea interposed by the defendant insufficient. The facts of the case as made by the bill and the plea are set out in the report of the case in 141 Ala. 434, 38 South. 181. The reporter will take the facts as there set out.
After the decree of the chancellor was affirmed the defendant amended his plea by averring that the register, on the 20th of July, 1903, reported the sale of the lands made under the decree of the chancery court. This amendment does not vary the facts…
2Cases cited5 opinions
- Witter v. DudleySupreme Court of Alabama · 1868
- Phillips v. BensonSupreme Court of Alabama · 1886
- McEachin v. WarrenSupreme Court of Alabama · 1890
- Jones v. BurdenSupreme Court of Alabama · 1852
- McGaugh v. Deposit BankSupreme Court of Alabama · 1904