Smith v. Young
Supreme Court of Alabama
Appeal from Anniston City Court. Heard before Hon. Thos. W. Coleman, Jb. A bill by G. H. Young as trustee in bankruptcy of R. P. Thomason against J. F. Smith to declare a conveyance a general assignment, or as a fraud on creditors.
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Appeal from Anniston City Court. Heard before Hon. Thos. W. Coleman, Jb. A bill by G. H. Young as trustee in bankruptcy of R. P. Thomason against J. F. Smith to declare a conveyance a general assignment, or as a fraud on creditors. Section 4295 Code 1907, is in derogation of the common law and must he strictly construed, for at the common law a debtor had the unquestioned right to prefer one or more of his creditors by a sale of even all of his property in payment of a prior debt. — Inman v. gloss, 122 Ala. 461; Sheally v. Eckoards, 75 Ala. 418; Webb v. Mullen, 78 Ala. Ill; 2 Lewis Sutherland…
1Opinion of the CourtMayfield, J.
This appeal presents two questions only for the decision of this court — one, a question of chancery pleading. The one of law is this: Is a conveyance hy a debtor of substantially all his property to his surety, in consideration that the surety will pay the debt owing to one creditor for which the guarantee is surety, a general assignment within the meaning and operation of section 1295 of the Code of 1907? T'he question of pleading is this: Is a bill of equity multifarious which seeks in the alternativé to declare a given conveyance a general assignment for the benefit of all the grantor’s…
2Cases cited7 opinions
- Holt & Chambers v. BancroftSupreme Court of Alabama · 1857
- Keel v. LarkinSupreme Court of Alabama · 1882
- Watts v. Eufaula National BankSupreme Court of Alabama · 1884
- Smith v. PittsSupreme Court of Alabama · 1910
- Crawford v. KirkseySupreme Court of Alabama · 1874
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3Cited by20 opinions
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- Dickenson v. CharlesSupreme Court of Virginia · 1939
- Lambert v. AndersonSupreme Court of Alabama · 1932
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