Coal City Coal & Coke Co. v. Hazard Powder Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Wm. W. WilkinsoN. The facts of this case are sufficiently stated in the opinion. 1. The bill does not aver facts sufficient to authorize the court to infer fraud, and grant relief, and the decree should be reversed regardless of the objections made below. — Flewellen v. Crane, 58 Ala. 629. 2. The averments of the bill as to fraud, are mere legal conclusions, and should be disregarded. — Louch-eim v. First Nat.
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Appeal from Birmingham City Court. Heard before Hon. Wm. W. WilkinsoN. The facts of this case are sufficiently stated in the opinion. 1. The bill does not aver facts sufficient to authorize the court to infer fraud, and grant relief, and the decree should be reversed regardless of the objections made below. — Flewellen v. Crane, 58 Ala. 629. 2. The averments of the bill as to fraud, are mere legal conclusions, and should be disregarded. — Louch-eim v. First Nat. Bank, 98 Ala. 524; Reynolds v. Excelsior Coal Co. 100 Ala. 301. 3. The provision for retention of the property by the appellant,…
1Opinion of the CourtMcCLELLAN, J.
This bill is filed by The Hazard Powder Co., against the Coal City Coal & Coke Co. and the trustee in deed of trust executed by said company to secure bonds to be issued by it, and certain holders of some of said bonds. The complainant is a judgment, creditor of the said Coal & Coke Co. having perfected its lien on the property of said company by registering *220the judgment in the office of the judge of probate as provided by statute; the judgment was recorded and registered subsequent to the execution of said deed of trust. The purpose and prayer of the bill is to enjoin the disposition of the…
2Cases cited2 opinions
- Corey v. WadsworthSupreme Court of Alabama · 1891
- Loucheim & Co. v. First Nat. Bank of TalladegaSupreme Court of Alabama · 1893
3Cited by11 opinions
- Cullman Property Co. v. H. H. Hitt Lumber Co.Supreme Court of Alabama · 1917
- Alabama, T. & N. Ry. v. TolmanSupreme Court of Alabama · 1917
- Rohr v. StantonMontana Supreme Court · 1927
- Warren & Co. v. HuntSupreme Court of Alabama · 1896
- Gassenheimer v. Kellogg & SheddenSupreme Court of Alabama · 1898
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