Alabama Life Insurance & Trust Co. v. Pettway
Supreme Court of Alabama
Error to the Chancery Court of Wilcox. Heard before the Hon. J. W. Lesesne. This bill was filed by Mark H. Pettway, for himself and the other secured creditors, to foreclose a deed of trust executed to him as trustee by Charles J. Gee and Sterling H. Gee, and to enjoin certain proceedings at law on the part of other creditors who were not secured.
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Error to the Chancery Court of Wilcox. Heard before the Hon. J. W. Lesesne. This bill was filed by Mark H. Pettway, for himself and the other secured creditors, to foreclose a deed of trust executed to him as trustee by Charles J. Gee and Sterling H. Gee, and to enjoin certain proceedings at law on the part of other creditors who were not secured. It alleges the execution and existence of the deed, the fact that the property had been levied on, before the law day of the deed, under certain attachments and executions against the grantors, and the danger which would ensue to the trustee’s…
1Opinion of the CourtGoldthwaite, J.
The circumstances under which the bill in the present case originated, were as follows :
Sterling H. Gee, who resided in Halifax County, North Carolina, and Charles J. Gee, who lived in Wilcox County, Alabama, were partners in buying and selling slaves, and also in planting. They did not use a firm name, but the business was usually conducted in the individual name of the partner who transacted the business. They became embarrassed in the fall of 1845, and on the 22d November of that year made a deed of trust, of specific property in Alabama, for the purpose of securing certain debts…
2Cases cited2 opinions
- Pollard v. StantonSupreme Court of Alabama · 1843
- Byrd v. BradleyCourt of Appeals of Kentucky · 1842
3Cited by15 opinions
- Burt v. TimmonsWest Virginia Supreme Court · 1887
- McDonald v. PearsonSupreme Court of Alabama · 1896
- Pollak v. SearcySupreme Court of Alabama · 1887
- Cromelin v. McCauleySupreme Court of Alabama · 1880
- Wright v. WrightSupreme Court of Alabama · 1935
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