Jefferson County Savings Bank v. McDermott
Supreme Court of Alabama
Appeal from City Court of Birmingham, sitting in equity. Heard before the Hon. H. A. Sharpe/ The bill in this case was filed by the appellees against B. F. Eborn and the Jefferson County Savings Bank; and sought to set aside, as fraudulent, a sale of a stock of goods.
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Appeal from City Court of Birmingham, sitting in equity. Heard before the Hon. H. A. Sharpe/ The bill in this case was filed by the appellees against B. F. Eborn and the Jefferson County Savings Bank; and sought to set aside, as fraudulent, a sale of a stock of goods. It was averred in said bill that the defendant Eborn, after borrowing money of the Jefferson County Savings Bank, gave a bill of sale as security, but was left in possession and permitted to sell at retail and dispose of the proceeds ; that on September 15,1886, said defendant, B. F. Eborn, sold or attempted to sell to his…
1Opinion of the CourtWalker, J.
When this case was here on a former appeal, it was decided that the bill of sale to the Jefferson County Savings Bank was fraudulent and void as against the complainants, and that if the process in this suit was •served on the defendants prior to the levy of the attachment sued out by the bank against Eborn, then the lien of the complainants would be superior to that of the bank. No disposition having been made by the trial court of the motion which had been made for the amendment of the sheriff’s return of the process in this ease, so as to show a priority in the levy of the attachment, the…
2Cases cited7 opinions
- Crafts v. DexterSupreme Court of Alabama · 1845
- Wilson v. StrobachSupreme Court of Alabama · 1877
- Daniels v. HamiltonSupreme Court of Alabama · 1875
- McDermott v. EbornSupreme Court of Alabama · 1890
- Brooks v. HarrisonSupreme Court of Alabama · 1841
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ingram v. Alabama Power Co.Supreme Court of Alabama · 1917
- Jackson v. StateSupreme Court of Alabama · 1902
- Germania Nat. Bank v. DuncanSupreme Court of Oklahoma · 1916
- Palatine Ins. Co. v. HillSupreme Court of Alabama · 1929
- Dayton Rubber Mfg. Co. v. McCormackSupreme Court of Alabama · 1929
4 more not listed; retrieve them via the Exa API.