Legal Opinion

Heard v. Murray, Dibbrell & Co.

Supreme Court of Alabama

Decided November 15, 1890PublishedCited by 9 opinions

Creditors' Bill in Fiquity to set ’aside. Fraudulent Conveyances. Appeal from the Chancery Court of Butler. Heard before the Hon. John A. Foster.

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Creditors' Bill in Fiquity to set ’aside. Fraudulent Conveyances. Appeal from the Chancery Court of Butler. Heard before the Hon. John A. Foster. The bill in this case was filed on the 8th January, 1891, by Murray, Dibbrell & Co., and O’Bryan Bros., mercantile partnerships doing business in Nashville, Tennessee, against George P. Heard, his wife, Mrs. A. A. Heard, and William L. Tillman, his brother-in-law; and sought- to set aside, on the ground of fraud, two conveyances of his property by said Heard, and to subject the property to the payment of complainants’ debts against him. Each of the…

1Opinion of the CourtMcCLELLAN, J.

— This is an appeal from an order of the chancellor confirming the appointment of a receiver made by the register under section 3534, and brought’before the chancellor for review under section 3535 of the Code. The receiver was appointed, in the first instance, without notice to the adverse parties, and solely upon the bill, which contained a prayer to that end, and which was sworn to, and upon a petition presented after bill filed, which set forth the facts relied on as authorizing the appointment, and which also was verified. Oh the hearing of the appeal before the chancellor, each side…

2Cases cited7 opinions

  1. Evans v. WelchSupreme Court of Alabama · 1879
  2. Chandler v. HannaSupreme Court of Alabama · 1882
  3. Ashurst v. Lehman, Durr & Co.Supreme Court of Alabama · 1888
  4. Mobile Savings Bank v. McDonnellSupreme Court of Alabama · 1889
  5. Moritz & Weil v. Miller, Schram & Co.Supreme Court of Alabama · 1888

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Mobile Light & R. R. v. Walsh, C.Supreme Court of Alabama · 1906
  2. Smith-Dimmick Lumber Co. v. Teague, Barnett & Co.Supreme Court of Alabama · 1898
  3. Etowah Mining Co. v. Wills Valley Mining & Manufacturing Co.Supreme Court of Alabama · 1894
  4. Finerty v. WilliamsSupreme Court of Oklahoma · 1921
  5. Preuit v. WallaceSupreme Court of Alabama · 1939

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