First National Bank v. Kennedy
Supreme Court of Alabama
Appeal from the Chancery Court of Tuskaloosa. Heard before the Hon. S. K. McSpadden. The bill in this case was filed on the 6th August, 1887, by the First National Bank of Tuskaloosa, as a judgment creditor of John S. Kennedy, against their said debtor and several of his sons and members of his family; and sought to subject to the satisfaction of complainant’s judgment a certain tract of land which had once belonged to said Kennedy, and the beneficial interest in which, as…
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Appeal from the Chancery Court of Tuskaloosa. Heard before the Hon. S. K. McSpadden. The bill in this case was filed on the 6th August, 1887, by the First National Bank of Tuskaloosa, as a judgment creditor of John S. Kennedy, against their said debtor and several of his sons and members of his family; and sought to subject to the satisfaction of complainant’s judgment a certain tract of land which had once belonged to said Kennedy, and the beneficial interest in which, as the bill alleged, was yet in him. On final hearing, on pleadings and proof, the chancellor dismissed the bill, holding…
1Opinion of the CourtMcCLELLAN, J.
The bill in this case seeks to subject certain land, and the proceeds of the sale of certain other land, the two parcels originally constituting one tract, to the satisfaction of a debt due from John S. Kennedy, one of the defendants, to the complainant, the First National Bank of Tuskaloosa. The land in question, prior to 1876, it is not controverted, belonged to John S. Kennedy. In October, 1875, he executed a mortgage on it to William Miller. In April, 1876, he executed a deed of trust on it to Franks. Moody, as trustee. In July, 1876. he was adjudged a bankrupt, and said Moody and B. C.…
2Cases cited7 opinions
- The United States, in Error v. Phineas Bradley, Surviving Administrator of David Ott DeceasedSupreme Court of the United States · 1836
- Sands v. CodwiseCourt for the Trial of Impeachments and Correction of Errors · 1808
- Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1881
- Potter & Son v. GracieSupreme Court of Alabama · 1877
- Moog v. FarleySupreme Court of Alabama · 1885
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- H. B. Chaflin Co. v. Muscogee Manufacturing Co.Supreme Court of Alabama · 1899