Bell v. Goetter, Weil & Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. Jeke N. Williams. The bill in this case was filed on October 20, 1894, by Goetter, Weil & Company, and many other creditors of Willis V. Bell, against the said Willis V. Bell, Newton J. Bell, Marks & Gayle and Lehman, Durr & Co. The bill as amended, shows the following state of facts : That on the 10th'of October, 1894, and for some time prior thereto, W. V. Bell was indebted to the various complainants in…
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. Jeke N. Williams. The bill in this case was filed on October 20, 1894, by Goetter, Weil & Company, and many other creditors of Willis V. Bell, against the said Willis V. Bell, Newton J. Bell, Marks & Gayle and Lehman, Durr & Co. The bill as amended, shows the following state of facts : That on the 10th'of October, 1894, and for some time prior thereto, W. V. Bell was indebted to the various complainants in various sums of money, aggregating about ten thousand dollars. That on that day his brother, N. J. Bell procured from the…
1Opinion of the CourtBb.ickell, C. J.
— The principal question of the case, to state it most favorably to the appellees, is, whether a judgment confessed by a debtor in failing circumstances, which, when recorded in the office of the judge of probate, becomes alien on all the property, real and personal, of the debtor within the county subject to execution, and which has been recorded in the several counties in which the property of the debtor is situate, is to be taken and deemed a general assignment inuring to the equal benefit of all the creditors of the debtor.
The statute as it now exists, and within the operation of which it…
2Cases cited5 opinions
- Holt & Chambers v. BancroftSupreme Court of Alabama · 1857
- Danner & Co. v. Brewer & Co.Supreme Court of Alabama · 1881
- Ellison v. MosesSupreme Court of Alabama · 1891
- Comer & Trapp v. ConstantineSupreme Court of Alabama · 1888
- Mobile Savings Bank v. BurkeSupreme Court of Alabama · 1891
3Cited by7 opinions
- Builders' & Painters' Supply Co. v. Lucas & Co.Supreme Court of Alabama · 1898
- Steiner & Lobman v. Parker & Co.Supreme Court of Alabama · 1895
- Birmingham Trust & Savings Co. v. SheltonSupreme Court of Alabama · 1935
- In re Grocers' Baking Co.District Court, N.D. Alabama · 1920
- Roy v. AbrahamSupreme Court of Alabama · 1922
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