Lacey v. Cowan
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by A. S. C'owan as trustee in bankruptcy of the estate of Steve Lacey against Ollie V. Lacey and others to subject certain property to the claims of the creditors of the bankrupt. There was a decree for complainant and certain respondents appeal.
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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by A. S. C'owan as trustee in bankruptcy of the estate of Steve Lacey against Ollie V. Lacey and others to subject certain property to the claims of the creditors of the bankrupt. There was a decree for complainant and certain respondents appeal. The trustee of an individual member of a firm has no authority to demand or interfere with the firm property except with the consent of the other partner. — In re Mercur, 116 Fed. 656; s. c. 122 Fed. 387; Amsiclc v. Bean, 22 Wall. 395. The bill was multifarious. — Truss v.…
1Opinion of the CourtMayfield, J.
This was a bill filed by the appellee, as trustee in bankruptcy of the estate of Steve Lacey, which was filed against the appellant, together with Robert Lacey, son of appellant bankrupt, and George Massey, son-in-law of appellant bankrupt, and the Bessemer Trust & Banking Company. Complainant averred that Steve Lacey was adjudicated a bankrupt on the 12th day of February, 1907; that appellee was appointed a trustee of his estate; that on and before June 1, 1906, bankrupt Steve Lacey and George Massey were engaged in the mercantile business, as partners, under the firm *548name of Lacey & Massey;…
2Cases cited7 opinions
- Amsinck v. BeanSupreme Court of the United States · 1875
- Ludowici Roofing Tile Co. v. Pennsylvania Inst. for Instruction of the BlindCourt of Appeals for the Third Circuit · 1903
- Mayer v. ClarkSupreme Court of Alabama · 1866
- In re SanderlinDistrict Court, E.D. North Carolina · 1901
- Lucas v. AtwoodSupreme Court of Alabama · 1830
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3Cited by4 opinions
- Carter v. CarterSupreme Court of Alabama · 1945
- Pemiscot County Bank v. Central State Nat. BankTennessee Supreme Court · 1916
- Rosenheim & Sons v. LacySupreme Court of Alabama · 1910
- Wagner Grocery Co. v. Dodd-Cooner Mercantile Co.Supreme Court of Alabama · 1921