Lehman-Durr Co. v. Griel Bros.
Supreme Court of Alabama
Appeal from Conecuh Chancery Court. Tried before Hon. Jere N. Williams. • On May the 14th, 1897, appellees., Greil Bros.
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Appeal from Conecuh Chancery Court. Tried before Hon. Jere N. Williams. • On May the 14th, 1897, appellees., Greil Bros. Co., and others, filed a bill in the Chancery Court of Conecuh County against appellants, Lehman-Durr Co., and others, seeking to have certain mortgages and transfers made by M. W. Etheridge & Son to other defendants, together with certain attachments against Etheridge & Son obtained by some of the defendants, all declared to be a general assignment for the benefit of all the creditors of Etheridge & Son. The bill also asked for a receiver and for an injunction against…
1Opinion of the CourtMcCLELLAN, J.
It is said in the brief of counsel for appellees, who are complainants below, and it is apparent upon tbe bill, that the effort of complainants was and is to present a case under tbe act of February' 16, 1897, “To further define general assignments and to prevent tbe fraudulent disposition of property.” To that end ,the bill is wholly lacking in equity and insufficient to support tbe appointment of a receiver which was made upon it. Tbe transactions alleged in tbe bill did not, in form, constitute a general assignment by which a preference or priority was given to one or some cred*268itors over…
2Cases cited1 opinion
- Harwell v. PottsSupreme Court of Alabama · 1885
3Cited by2 opinions
- Taylor v. DwyerSupreme Court of Alabama · 1901
- Bell v. GoodwinSupreme Court of Alabama · 1929