Lucas v. Atwood
Supreme Court of Alabama
This was an appeal sued to this Court by John R. Lucas, and Wyman & Clarke, to reverse a decree in equity rendered in the Circuit Court of Madison county, at April term 1828. The facts of the cause are numerous, and the record very voluminous, but so far as material to the decision, they are recited in the opinion delivered by the Chief Justice, and are as follows: The appellant Lucas was the holder of a note for upwards of $6,000, made by S. D. Hutchings, & Co. a-firm…
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This was an appeal sued to this Court by John R. Lucas, and Wyman & Clarke, to reverse a decree in equity rendered in the Circuit Court of Madison county, at April term 1828. The facts of the cause are numerous, and the record very voluminous, but so far as material to the decision, they are recited in the opinion delivered by the Chief Justice, and are as follows: The appellant Lucas was the holder of a note for upwards of $6,000, made by S. D. Hutchings, & Co. a-firm composed of the said S. D. Hutchings, who was Atwood’s intestate, and of one Henry C. Bradford; upon this note Lucas brought…
1Opinion of the Court
By LIPSCOMB, C. Justice.
It will be readily perceived, from the facts of the case, that we are now called on to settle a contest among the creditors of the firm of *381S. I). Hutchings & Co. who shall be first paid out of the equitable fund, under the control of Chancery, by the decree against the bank. Until that decree had been rendered, there was but little prospect of satisfaction at law or in equity. In order to determine on the rights of the respective claimants, it will not be improper to go back and inquire in what character Atwood became the holder of that fund. If it was in his…
2Cited by11 opinions
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- Kelly v. TurnerSupreme Court of Alabama · 1883
- Warren v. TaylorSupreme Court of Alabama · 1877
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