Alabama National Bank v. Mary Lee Coal & Railway Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. We. W. WilkersoN. The bill in this case was filed by the appellant,’the Alabama National Bank, against the Mary Lee Coal and Railway Co. and the Mercantile Trust and Deposit Company of Baltimore, seeking to have declared fraudulent and void as to it, as a creditor of the Mary Lee Coal & Ry.
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Appeal from Birmingham City Court. Heard before Hon. We. W. WilkersoN. The bill in this case was filed by the appellant,’the Alabama National Bank, against the Mary Lee Coal and Railway Co. and the Mercantile Trust and Deposit Company of Baltimore, seeking to have declared fraudulent and void as to it, as a creditor of the Mary Lee Coal & Ry. Co., a decree and other, proceedings in a cause of said Mercantile Trust and Deposit Co. against said Mary Lee Coal & Railway Co., and: for other relief. So far as necessary to an understanding thereof, the allegations and prayer of the bill are…
1Opinion of the Court
McOLELLAN. J.
The deeds of trust executed by the Mary Lee Coal & Railway Co. to the Mercantile Trust & Deposit Co. to .secure bonds do not, in our opinion, cover or embrace the rents, incomes, profits or proceeds of the property which is expressly granted, or of the business of mining coal, &c., which the grantor was to carry on. They in terms embrace all the “personal property of every kind now owned or- hereafter to be acquired and owned ‘and used,, whether by purchase or ¡otherwise, in connection with-and for use in developing and operating fits said coal mines-or other works of improvement…
2Cases cited9 opinions
- Lawrence Manufacturing Co. v. Janesville Cotton MillsSupreme Court of the United States · 1891
- Lehman Bros. v. Tallassee Manufacturing Co.Supreme Court of Alabama · 1879
- Texas & Pacific Railway Co. v. Southern Pacific Co.Supreme Court of the United States · 1890
- Ohmer v. BoyerSupreme Court of Alabama · 1889
- Scott v. WareSupreme Court of Alabama · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Taber v. Royal InsuranceSupreme Court of Alabama · 1899
- Morgan Bros. v. Dayton Coal & Iron Co.Tennessee Supreme Court · 1915
- Lamar v. JohnsonAlabama Court of Appeals · 1919
- Harris v. HarrisSupreme Court of Alabama · 1922
- Gray v. South & North Alabama Railway Co.Supreme Court of Alabama · 1906
15 more not listed; retrieve them via the Exa API.