Lehman v. Gunn
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. J. C. Carmichael. The facts are fully stated in the opinion. (1). Winton’s creditors had the right to subject the policy of insurance taken by him for the benefit of his father.
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Appeal from Jefferson Chancery Court. Heard before Hon. J. C. Carmichael. The facts are fully stated in the opinion. (1). Winton’s creditors had the right to subject the policy of insurance taken by him for the benefit of his father. The father occupied no better position tlian he would have occupied had the policy been payable to 'Winton and then transferred by him. — Fearn v. Ward, 80 Ala. 564; 'Drake v. Stone, 88 Ala. 133; Pinkston v. McLeinorc, 31 Ala. 308; Friedman Bros. v. Fennell, 91 Ala. 570; 50 - Pa. St. 88. (2). The fact that the premiums were paid out of money exempt to Winton…
1Opinion of the CourtDowdell, J.
— The bill in this case is filed by the creditors of George T. Winton deceased, and seeks to subject to the payment of their claims and demands as such creditors the proceeds of a policy of life insurance issued on the life of said Winton by the Mutual Benefit Life Insurance Company of Newark, New Jersey, in December, 1895, and in which said policy T. J. Winton and Sarah F. Winton, the father and mother of the insured, were named as beneficiaries. A motion was made to dismiss the bill for want of equity, which was sustained by the chancellor, and from that decree this appeal is prosecuted.
The…
2Cases cited5 opinions
- Fearn v. WardSupreme Court of Alabama · 1886
- Caldwell v. KingSupreme Court of Alabama · 1884
- Anderson v. AndersonSupreme Court of Alabama · 1879
- State v. RossTennessee Supreme Court · 1898
- Friedman Bros. v. FennellSupreme Court of Alabama · 1891
3Cited by18 opinions
- J. H. Morris, Inc. v. Indian Hills, Inc.Supreme Court of Alabama · 1968
- First Nat. Bank of Birmingham v. LoveSupreme Court of Alabama · 1936
- Bailey v. WoodMassachusetts Supreme Judicial Court · 1909
- Cook v. BallCourt of Appeals for the Seventh Circuit · 1944
- Davis v. CramerSupreme Court of Arkansas · 1918
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