Cartwright v. West
Supreme Court of Alabama
Appeal from Morgan Chancery Court. Heard before Hon. W. H. Simpson. Bill by Marvin West as trustee in bankruptcy of the estate of Hervey Cartwright, against Emma D. Cart-right and others, to set aside certain conveyances of the bankrupt as void as to creditors. Decree for complainant and respondents appeal. Affirmed in part, and reversed-and remanded in part.
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Appeal from Morgan Chancery Court. Heard before Hon. W. H. Simpson. Bill by Marvin West as trustee in bankruptcy of the estate of Hervey Cartwright, against Emma D. Cart-right and others, to set aside certain conveyances of the bankrupt as void as to creditors. Decree for complainant and respondents appeal. Affirmed in part, and reversed-and remanded in part. The demurrer was a part of the pleadings, and was noted by the register, and ruled upon by the lower court, and hence, is presented for review. — Harper v. Ha/yes, 149 Ala. 178. In a bill of this kind, the trustee represents only the…
1Opinion of the CourtAnderson, J.
This is the third appeal in this case. — 155 Ala. 619, 47 South. 93; s. c. 55 South. 917. Upon the first appeal the bill failed to charge that the conveyances made were with a convinous intent, and could therefore be assailed only by existing creditors, and it was therefore necessary for the bill to charge a fraudulent intent, or else that the creditors were existing or antecedent. In other words, the bankruptcy act gives the trustee the power to set aside any conveyance that could be avoided by a creditor; therefore, if the conveyance is attacked as being only voluntary, the bill by the…
2Cases cited10 opinions
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- McGhee v. Importers & Traders National BankSupreme Court of Alabama · 1890
- Miller v. New Orleans Acid & Fertilizer Co.Supreme Court of the United States · 1909
- Eau Claire National Bank v. JackmanSupreme Court of the United States · 1907
- Cartwright v. WestSupreme Court of Alabama · 1911
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Riggs v. PriceSupreme Court of Missouri · 1919
- Booth v. BatesSupreme Court of Alabama · 1927
- Becker Roofing Co. v. WysingerSupreme Court of Alabama · 1929
- Crowley v. BrowerSupreme Court of Iowa · 1926
- Moody v. MoodySupreme Court of Alabama · 1927
7 more not listed; retrieve them via the Exa API.