Alabama Iron & Steel Co. v. McKeever
Supreme Court of Alabama
Appeal from the Chancery Court of Shelby. Heard before the Hon. S. K. McSpadden. The bill in this case was filed on July 4, 1894, by the the appellee, F. C. McKeever, in behalf of himself and all other creditors, who are entitled to participate in the funds hereinafter described -and who pay tlieir proportion of the costs of this proceeding.
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Appeal from the Chancery Court of Shelby. Heard before the Hon. S. K. McSpadden. The bill in this case was filed on July 4, 1894, by the the appellee, F. C. McKeever, in behalf of himself and all other creditors, who are entitled to participate in the funds hereinafter described -and who pay tlieir proportion of the costs of this proceeding. The relief prayed for in the bill was based upon the following facts, which were averred therein : The Alabama Iron & Steel Company, a mining and manufacturing corporation,organized under the laws of Alabama,was engaged in the manufacture of pig iron and…
1Opinion of the CourtMcCLELLAN, J.
The several motions to dismiss McKeever’s bill and the main demurrers to it proceed upon two grounds, viz.: First, that the complainant lias no lien upon the property he seeks to subject to the payment of his debt, but is only a simple contract creditor without judgment or lien ; and, second, that the property being already in the hands of a receiver appointed at the suit of E. T. Peter, and the receivership having been extended to the case of Fancher and Burk against the Iron & Steel Co., who file their bill as creditors at large for themselves and all other creditors who may come in, make…
2Cases cited7 opinions
- Nelson v. HubbardSupreme Court of Alabama · 1892
- Gay, Hardie & Co. v. Brierfield Coal & Iron Co.Supreme Court of Alabama · 1891
- Alabama National Bank v. Mary Lee Coal & Railway Co.Supreme Court of Alabama · 1895
- Cartwright v. Bamberger, Bloom & Co.Supreme Court of Alabama · 1890
- Barrett & Co. v. Pollak Co.Supreme Court of Alabama · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Westerlund v. Black Bear Mining Co.Court of Appeals for the Eighth Circuit · 1913
- American Pig Iron Storage Warrant Co. v. GermanSupreme Court of Alabama · 1899
- Stuart v. HoltSupreme Court of Alabama · 1916
- Dillon v. MyersSupreme Court of Colorado · 1915
- Galbraith v. Shasta Iron Co.California Supreme Court · 1904
5 more not listed; retrieve them via the Exa API.