Murray, Dibrell & Co. v. McNealy & Cureton
Supreme Court of Alabama
Appeal from the Chancery Court of Henry. Heard before the Hon. John A. Poster. The bill in this case was filed on the 15th March, 1888, by Murray, Dibrell & Co., a mercantile partnership doing businss in the city of Nashville, Tennessee, and several other mercantile partnerships, on behalf of themselves and other creditors of McNealy & Cureton, a mercantile partnership doing business in the town of Columbia, Henry county, Alabama; against said McNealy & Cureton, John T.…
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Appeal from the Chancery Court of Henry. Heard before the Hon. John A. Poster. The bill in this case was filed on the 15th March, 1888, by Murray, Dibrell & Co., a mercantile partnership doing businss in the city of Nashville, Tennessee, and several other mercantile partnerships, on behalf of themselves and other creditors of McNealy & Cureton, a mercantile partnership doing business in the town of Columbia, Henry county, Alabama; against said McNealy & Cureton, John T. Davis & Son, bankers in said town, and M. S. Smith; and sought to set aside, as fraudulent, a mortgage on a stock of goods…
1Opinion of the CourtSomerville, J.
The point chiefly discussed, both at the bar and in the briefs of counsel, is the validity of the mortgage executed by the defendants, McNealy & Cureton, to Davis & Son, on November 18th, 1887, transferring tó the mortgagees a stock of merchandise then in the possession of the mortgagors, for the purpose of securing a debt described in the instrument. As to the bona f des of this debt there is no serious controversy. Nor is any actual fraud established by the testimony, which can in any way vitiate the transfer of the goods. It is contended that the mortgage is rendered fraudulent on its…
2Cases cited10 opinions
- Robinson v. ElliottSupreme Court of the United States · 1875
- Conkling v. . ShelleyNew York Court of Appeals · 1863
- Gazzam v. PoyntzSupreme Court of Alabama · 1842
- Benedict, Hall & Co. v. Renfro Bros.Supreme Court of Alabama · 1883
- Miller v. . LockwoodNew York Court of Appeals · 1865
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3Cited by17 opinions
- Maier v. FreemanCalifornia Supreme Court · 1896
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- Carr v. BrawleySupreme Court of Oklahoma · 1912
- Howell v. CardenSupreme Court of Alabama · 1891
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