Lyons & Co. v. McCurdy
Supreme Court of Alabama
Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. The original bill in this case was filed on the 19th December, 188T, by Win.
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Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. The original bill in this case was filed on the 19th December, 188T, by Win. D. McCurdy, against his late co-partner, J. W. Comer, W. H. Lyons & Co., and other individual creditors of said J. W. Comer; and sought (1) a decree requiring said Comer to execute to complainant a deed conveying his undivided interest in a tract of land which had belonged to the late firm of Comer & McCurdy, and (2) to enjoin the legal proceedings instituted by said individual creditors of Comer, who had levied attachments, and one of…
1Opinion of the CourtClopton, J.
The amended bill is not framed in a double aspect; the kind or degree of relief is not dependent upon the truth of one or the other of two alternatives. The original bill alleges, that complainant and defendant Comer were formerly partners under the firm name of Comer & McCurdy; that the land in controversy was partnership property, having been purchased by and for the firm, and the deed executed to them as partners; that the firm was dissolved in January, 1884, and, at the time of the dissolution, was indebted to the complainant in the sum of fifteen thousand dollars; that the partnership…
2Cases cited6 opinions
- Hardin v. BoydSupreme Court of the United States · 1885
- Colton v. RossNew York Court of Chancery · 1831
- Allen v. YoungSupreme Court of Alabama · 1889
- Kirksey v. MeansSupreme Court of Alabama · 1868
- Bridges & Co. v. PhillipsSupreme Court of Alabama · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Faulk v. CallowaySupreme Court of Alabama · 1898
- Stuart v. StricklandSupreme Court of Alabama · 1919
- Eskridge v. BrownSupreme Court of Alabama · 1922
- Florence Gas, Electric Light & Power Co. v. HanbySupreme Court of Alabama · 1893
- Woodley v. WoodleySupreme Court of Alabama · 1917
1 more not listed; retrieve them via the Exa API.