Legal Opinion

Henderson v. Ala. Gold Life Insurance

Supreme Court of Alabama

Decided December 15, 1882PublishedCited by 19 opinions

Appeal from the Chancery Court of Mobile. Heard before the Hon. Jomsr A. Foster. These two cases were consolidated by the order of the chancellor in the court below, and were argued and considered as one case.

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Appeal from the Chancery Court of Mobile. Heard before the Hon. Jomsr A. Foster. These two cases were consolidated by the order of the chancellor in the court below, and were argued and considered as one case. The bills were filed on the 11th March, 1880, — one by the Alabama Gold Life Insurance Company, a domestic corporation, and the other by Frank S. Horton' — against George G. Duffee and ’William Henderson ; and sought' to enjoin said Henderson, as the assignee of Duffee, from proceeding further at law to claim a fund, which had been deposited in court by Joseph Steiner, as garnishee, in…

1Opinion of the CourtSomeryille, J.

The purpose of the present bill, on, *37the part of the complainants, is to effect a marshalUng of certain securities .held by the appellant, Henderson, as the creditor of one Dnffee, of whom also each of the complainants are judgment creditors. Dnffee held a policy of insurance on the life of one Bobbins, which he transferred as collateral security to Joseph Steiner, to secure a debt due him, in regard to the validity and priority of which there is no contest. He also owed Montgomery a debt of about two thousand dollars, and, to secure payment of this sum, he executed a mortgage to him on…

2Cases cited8 opinions

  1. Nelson & Hatch v. DunnSupreme Court of Alabama · 1849
  2. Henry v. Murphy & Co.Supreme Court of Alabama · 1875
  3. Jones's Adm'r v. CrewsSupreme Court of Alabama · 1879
  4. Toomer v. RandolphSupreme Court of Alabama · 1877
  5. Janney v. BuellSupreme Court of Alabama · 1876

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3Cited by19 opinions

  1. Peoples Bank of Tuscaloosa v. Computer Room, Inc. (In Re Computer Room, Inc.)United States Bankruptcy Court, N.D. Alabama · 1982
  2. Louisville & Nashville Railroad v. DooleySupreme Court of Alabama · 1885
  3. Teague, Barnett & Co. v. LeGrandSupreme Court of Alabama · 1888
  4. American Trust & Savings Bank v. O'BarrAlabama Court of Appeals · 1914
  5. O'Barr v. TurnerAlabama Court of Appeals · 1917

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