Francis v. Gilreath C. & I. Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Bill by the Gilreath Coal & Iron Company against W. J. Francis as trustee to enjoin the sale of collaterals, for an accounting and other relief. From a decree overruling the motion to dissolve the temporary injunction respondent appeals.
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Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Bill by the Gilreath Coal & Iron Company against W. J. Francis as trustee to enjoin the sale of collaterals, for an accounting and other relief. From a decree overruling the motion to dissolve the temporary injunction respondent appeals. Under the facts alleged appellees were not entitled to an accounting.— Avery v. Ware, 58 Ala. 475; Knotts v. Barber, 8 Ala. 742; Dickinson v. Lewis, 34 Ala. 638; Tecumseh I. Go. v. Kent, 93 Ala. 573; Beggs v. Edison Go., 96 Ala. 295; Oden v. Lockwood, 136 Ala. 517; Poliak v. Glaflin, 138 Ala.…
1Opinion of the Court
de GRAFFENRIED, J.
The appeal in this case is from a decree overruling a motion to dissolve a temporary injunction. The bill is filed by the appellee, and alleges that during the year 1908 complainant purchased from appellant, W. J. Francis, as trustee, 250 shares of the capital stock of the Burn well Coal Company for $25,000; that, at the time of said purchase said Francis was the president of said company, and that certain assets of said company (denominated “liquid” or “quick” assets) were retained by said “Francis, Trustee,” out of which the debts of said Burnwell Coal Company were to be…
2Cases cited4 opinions
- Farris v. HoustonSupreme Court of Alabama · 1884
- Rembert v. BrownSupreme Court of Alabama · 1850
- Jackson v. JacksonSupreme Court of Alabama · 1890
- Mabel Mining Co. v. Pearson Coal & Iron Co.Supreme Court of Alabama · 1898
3Cited by4 opinions
- Profile Cotton Mills v. Calhoun Water Co.Supreme Court of Alabama · 1914
- Rice v. DavidsonSupreme Court of Alabama · 1921
- Stout v. ThomasSupreme Court of Alabama · 1930
- Rice v. DavidsonSupreme Court of Alabama · 1921