Colgin v. Redman
Supreme Court of Alabama
Error to tbe Chancery Court of Sumter. Tried before the Hon. Anderson Crenshaw. The facts of the case, so far as they are necessary to an understanding of the opinion and of the errors assigned, appear in the opinion of the court. 1. The bill is wanting in equity, because the deed of assignment, (which is an exhibit to the bill), requires the assent of the creditors, within six months, and provides for the postponement of those who fail to signify their assent within that…
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Error to tbe Chancery Court of Sumter. Tried before the Hon. Anderson Crenshaw. The facts of the case, so far as they are necessary to an understanding of the opinion and of the errors assigned, appear in the opinion of the court. 1. The bill is wanting in equity, because the deed of assignment, (which is an exhibit to the bill), requires the assent of the creditors, within six months, and provides for the postponement of those who fail to signify their assent within that time; and the bill does not allege that the complainants assented within the time prescribed, but merely alleges, that…
1Opinion of the CourtLigon, J.
The bill in this case was exhibited by certain creditors of Henry A. Eowlkes, in behalf of themselves and such other creditors of said Eowlkes as might join in the suit, and contribute to its expenses, against said Eowlkes, and *656John Colgin and Edward C. Mosby, wbo were named trustees in a deed of trust made by Eowlkes for the benefit of his creditors. By the terms of the deed the creditors are divided into classes, and are required to assent to the provisions in their favor within six months, or forfeit their priority. The complainants in the bill, and Colgin, the defendant, who is also a…
2Cases cited4 opinions
- Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
- Erwin v. FergusonSupreme Court of Alabama · 1843
- Beattie v. AbercrombieSupreme Court of Alabama · 1850
- Newhouse v. MilesSupreme Court of Alabama · 1846
3Cited by6 opinions
- Blakey's Heirs v. Blakey'sSupreme Court of Alabama · 1859
- Moore v. BookerNorth Dakota Supreme Court · 1894
- Burns v. TaylorSupreme Court of Alabama · 1853
- Reese v. BeckSupreme Court of Alabama · 1854
- Thomas v. ThomasSupreme Court of Alabama · 1926
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