Legal Opinion

Anniston Loan & Trust Co. v. Ward & Co.

Supreme Court of Alabama

Decided November 15, 1895PublishedCited by 16 opinions

Appeal from Anniston City Court. Heard before Hon. Jas. W. Lapsley. The facts are stated in the opinion. cited Lippin-cottv. Shaw Carriage Co., 34 Fed. Rep. 570; Dunpley v. Xleinsmith, 11 Wall. 610; Stout v. Stout, 77 Ind. 537. cited Morton v. N. 0. & S. R. R., 79 Ala. 590; Trustees v. Qreenough, 105 U. S/527; R. R. & B. Co. v. Pettus, 103 U. S. 116.

1Opinion of the CourtBrickell, C. J.

The suit originally was a bill filed by Ward & Co. and others, general creditors of the An-niston Carriage Works, on behalf of themselves and ail other creditors of the Carriage Works, seeking to have a mortgage executed to the An-niston Loan & Trust Co. for its exclusive security, declared a general assignment enuring under the statute, (Code, § 1737), to the equal benefit of ail creditors. A decree was rendered declaring the mortgage a general assignment, and requiring the Loan & Trust Company to account for the moneys it had received from a sale of the property, which, on appeal to. this…

2Cases cited11 opinions

  1. Trustees v. GreenoughSupreme Court of the United States · 1882
  2. Central Railroad & Banking Co. of Ga. v. PettusSupreme Court of the United States · 1885
  3. Mahone v. WilliamsSupreme Court of Alabama · 1863
  4. Holt & Chambers v. BancroftSupreme Court of Alabama · 1857
  5. Rapier v. Gulf City Paper Co.Supreme Court of Alabama · 1879

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3Cited by16 opinions

  1. Andrews v. GreySupreme Court of Alabama · 1917
  2. Dent v. FoySupreme Court of Alabama · 1925
  3. Faulk & Co. v. Hobbie Grocery Co.Supreme Court of Alabama · 1912
  4. Bidwell v. JohnsonSupreme Court of Alabama · 1915
  5. Pollard v. American Freehold Land Mortgage Co. of LondonSupreme Court of Alabama · 1903

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