Benedict, Hall & Co. v. Renfro Bros.
Supreme Court of Alabama
Appeal from Lee Chancery Court. Heard before Hon. N. S. G-jsaiiam. This was a bill in equity, exhibited by Benedict, TIall & Co. and others, creditors of Crumley Bros., a mercantile partnership, “ for themselves and all others who may join with them in filing the same, by bearing their part of the costs,” against the said Crumley Bros., and against Renfro Bros., and others, for the purpose, among other things, of having declared fraudulent and void, as against the…
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Appeal from Lee Chancery Court. Heard before Hon. N. S. G-jsaiiam. This was a bill in equity, exhibited by Benedict, TIall & Co. and others, creditors of Crumley Bros., a mercantile partnership, “ for themselves and all others who may join with them in filing the same, by bearing their part of the costs,” against the said Crumley Bros., and against Renfro Bros., and others, for the purpose, among other things, of having declared fraudulent and void, as against the complainants, a mortgage executed by the said Crumley Bros, on the 35th December, 1878, conveying to the said Renfro Bros, a…
1Opinion of the CourtSomebyille, J.
No subject has, perhaps, been more discussed in the courts of this country, especially within the past few years, than the mortgage of stocks of merchandise, when the mortgagor is allowed, either expressly or by necessary implication, to retain possession with a reserved power of sale over the mortgaged property. The courts of the several States are in irreconcilable conflict on the question, whether the reser*124vation of such a power conclusively vitiates the instrument for fraud, as matter of law, without regard to any specific intent to defraud, or whether it is a strong badge of fraud,…
2Cases cited18 opinions
- Robinson v. ElliottSupreme Court of the United States · 1875
- Conkling v. . ShelleyNew York Court of Appeals · 1863
- Wiley, Banks & Co. v. KnightSupreme Court of Alabama · 1855
- Freeman v. RawsonOhio Supreme Court · 1855
- Price v. Mazange & Co.Supreme Court of Alabama · 1858
13 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Manchuria S. S. Co. v. Harry G. G. Donald & Co.Supreme Court of Alabama · 1917
- Woodall v. Kelly & Co.Supreme Court of Alabama · 1888
- Jackson v. Citizens Bank & Trust Co.Supreme Court of Florida · 1907
- Renfro Bros. v. Goetter, Weil & Co.Supreme Court of Alabama · 1884
- Shelby v. ZieglerSupreme Court of Oklahoma · 1908
18 more not listed; retrieve them via the Exa API.