Halsey v. Connell, Green & Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Morgan. Heard before the Hon. Tiiomas Cobbs. All the facts of the case are sufficiently stated in the opinion.
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Appeal from the Chancery Court of Morgan. Heard before the Hon. Tiiomas Cobbs. All the facts of the case are sufficiently stated in the opinion. Assignment for the benefit of creditors is always favored by the law, for the reason that it effects the desideratum of equality among creditors. — Reynolds v. Collins, 78 Ala. 98. And an assignment for the benefit of creditors must be so construed as to make the instrument available in all of its parts and for all of its purposes, rather than a construction which would defeat it in any respect. — 3 Brick. Dig., 48, § 1; Bank v. Dunn, 67 Ala. 381;…
1Opinion of the CourtBrickell, C. J.
The original bill was filed by the appellees, creditors of Samuel L. Halsey, having for its object, the vacation because of alleged fraud, of an instrument purporting on its face to be a general assignment of his property and effects, for the equal security and benefit of his creditors ; and further, the vacation of a conveyance of real estate, he had executed to his son, John F. Halsey. The chancellor rendered a decree from which the appeal is taken, vacating the conveyance to. *224John F. Halsey, and vacating the assignment as to the appellees, entitling them from the property and effects…
2Cases cited6 opinions
- Emerson v. SenterSupreme Court of the United States · 1886
- Graham v. LockhartSupreme Court of Alabama · 1845
- Groetter, Weil & Co. v. Norman Bros.Supreme Court of Alabama · 1894
- Teague, Barnett & Co. v. LindseySupreme Court of Alabama · 1894
- Troy Fertilizer Co. v. NormanSupreme Court of Alabama · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- London v. G. L. Anderson Brass WorksSupreme Court of Alabama · 1916
- McCrory v. DonaldSupreme Court of Alabama · 1915
- Gamble v. Aultman & Co.Supreme Court of Alabama · 1899
- Buell v. MillerSupreme Court of Alabama · 1932
- Federal Land Bank of New Orleans v. RoweSupreme Court of Alabama · 1931
7 more not listed; retrieve them via the Exa API.