Little v. Sterne & Co.
Supreme Court of Alabama
Appeal from tbe Chancery Court of Marengo. Tried before tlie Hon. Thos. H. Smith. Tbe bill in this cause was filed by tbe appellees, Cbas. A. Sterne & Company, a partnership composed of Cbas. A. Sterne and Abe Kraus, against tbe appellant, (1. Monroe Little and A. C. Little, Ms wife.
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Appeal from tbe Chancery Court of Marengo. Tried before tlie Hon. Thos. H. Smith. Tbe bill in this cause was filed by tbe appellees, Cbas. A. Sterne & Company, a partnership composed of Cbas. A. Sterne and Abe Kraus, against tbe appellant, (1. Monroe Little and A. C. Little, Ms wife. It iras averred in tbe bill that in August, 1891, tbe complainant sold goods to a mercantile firm, Jackson & Little, which was composed of George S. Jackson and tbe defendant, G. Monroe Little; that upon said Jackson & Little’s repeated refusal to pay said debt, the complainants, on August 22,1893, instituted a…
1Opinion of the CourtSharpe, J.
-Thestatute (Code, section 818) conferring on creditors tlie right to maintain a bill in equity to subject a fraudulent debtor’s property to their debts, does not confine the remedy to eases where the property had been alienated by a conveyance so perfect in form or execution as to pass the legal title, but by its express terms the jurisdiction is extended to fraudulent attempts to transfer or convey. It may be conceded that to come within the meaning of the statute the attempt must be such as would hinder or embarrass the creditor’s remedy at law, and that when land is the subject matter of…
2Cases cited10 opinions
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1884
- Pickett v. PipkinSupreme Court of Alabama · 1879
- Flewellen v. CraneSupreme Court of Alabama · 1877
- Yeend v. WeeksSupreme Court of Alabama · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- JC Jacobs Banking Co. v. CampbellSupreme Court of Alabama · 1981
- London v. G. L. Anderson Brass WorksSupreme Court of Alabama · 1916
- McCrory v. DonaldSupreme Court of Alabama · 1915
- Cannon v. Birmingham Trust & Savings Co.Supreme Court of Alabama · 1915
- Buell v. MillerSupreme Court of Alabama · 1932
17 more not listed; retrieve them via the Exa API.