Lowery v. Green
Supreme Court of Alabama
Appeal from Circuit Court, in Equity, Chilton County; Leon McCord, Judge. Bill by D. F. Green, as Superintendent of Banks, against W. R. Lowery and wife. From a decree overruling a demurrer to the bill, defendants appeal. The affairs of the Union State Bank, a corporation in Chilton county, Ala., are in the hands of the superintendent of banks of this state for liquidation, as provided by statute, and the court has taken jurisdiction of the administration of said trust.
Read the full summary
Appeal from Circuit Court, in Equity, Chilton County; Leon McCord, Judge. Bill by D. F. Green, as Superintendent of Banks, against W. R. Lowery and wife. From a decree overruling a demurrer to the bill, defendants appeal. The affairs of the Union State Bank, a corporation in Chilton county, Ala., are in the hands of the superintendent of banks of this state for liquidation, as provided by statute, and the court has taken jurisdiction of the administration of said trust. Said bank was a creditor of W. R. Lowery on April 25, 1914 (subsequently reduced to judgment by the superintendent of…
1Opinion of the CourtGardner, J.
Counsel for appellant insist that the bill as amended is multifarious, in that it seeks to have the conveyance here assailed declared a general assignment for the benefit of creditors, and in the alternative to have the same annulled as fraudulent and void. This is the only question presented upon this appeal.
The authorities relied upon antedate the adoption of the Code of 1907. It is now well settled by our decisions that, under the influence of section 3095 of the Code of 1907, such a bill is not subject to the objection of multifariousness. Smith v. Young, 173 Ala. 190, 55 South. 425; D.…
2Cases cited2 opinions
- Smith v. YoungSupreme Court of Alabama · 1911
- Baker v. Gate City Coffin Co.Supreme Court of Alabama · 1919
3Cited by2 opinions
- Federal Gas, Oil & Coal Co. v. MooreCourt of Appeals of Kentucky (pre-1976) · 1941
- Norville v. SeebergSupreme Court of Alabama · 1920