Chamberlain & Parker v. Dorrance
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon John A. Foster. The bill in this cause was filed by Lise Dorrance, L. Brewer •& Co., and others, creditors of Marsena A. Parker, against the said Parker, and John C. Chamberlain, individually, and as trustee of Carrie M. Parker and John B. Chamberlain, for the purpose of having a sale and transfer of goods, wares and merchandise and dioses in action made by Parker to John C. Chamberlain, as such trustee, declared fraudulent…
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Appeal from Mobile Chancery Court. Heard before Hon John A. Foster. The bill in this cause was filed by Lise Dorrance, L. Brewer •& Co., and others, creditors of Marsena A. Parker, against the said Parker, and John C. Chamberlain, individually, and as trustee of Carrie M. Parker and John B. Chamberlain, for the purpose of having a sale and transfer of goods, wares and merchandise and dioses in action made by Parker to John C. Chamberlain, as such trustee, declared fraudulent and Amid, and for a discovery of the property thereby conveyed, and of the disposition made thereof, and for an…
1Opinion of the Court
BKLCKELL, C: J.
The present bill, filed by the appellees, creditors of the appellant, Parker, seeks to compel the appellant, Chamberlain, to discover and account for goods, merchandise and choses in action, it is averred, were sold and transferred to him by Parker, with the intent to delay, hinder and defraud his creditors. A mere general charge of fraud — a mere general averment that the sale and transfer were made with covinous intent is not sufficient. Fraud is a conclusion of law from facts stated and proved; and when it is pleaded at law or in equity, the facts from which it is supposed…
2Cases cited9 opinions
- Waring v. LewisSupreme Court of Alabama · 1875
- Flewellen v. CraneSupreme Court of Alabama · 1877
- Charles v. DuboseSupreme Court of Alabama · 1856
- Steele v. KinkleSupreme Court of Alabama · 1842
- Tomkies v. ReynoldsSupreme Court of Alabama · 1849
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hodges Bros. v. Coleman & CarrollSupreme Court of Alabama · 1884
- Moog v. FarleySupreme Court of Alabama · 1885
- Miller v. Louisville & Nashville RailroadSupreme Court of Alabama · 1887
- Cannon v. Birmingham Trust & Savings Co.Supreme Court of Alabama · 1915
- McDonnell & Co. v. FinchSupreme Court of Alabama · 1901
6 more not listed; retrieve them via the Exa API.