Steiner Bros. v. Lowery & Co.
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Tried, before tlie Hon. James B. Head. An insolvent may sell the whole or part of his property in payment of an antecedent debt and the sale will be upheld if the debt be bona fide, its amount not materially less than the reasonable value of the property and no use or benefit be reserved to the debtor. — Hodges v. Coleman, 76 Ala. 103; Harmon v. McRae, 91 Ala. 401; Lehman v. Greenhut, 88 Ala. 478; Knotoles v. Street, 87 Ala. 357, and many…
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Appeal from Jefferson Circuit Court. Tried, before tlie Hon. James B. Head. An insolvent may sell the whole or part of his property in payment of an antecedent debt and the sale will be upheld if the debt be bona fide, its amount not materially less than the reasonable value of the property and no use or benefit be reserved to the debtor. — Hodges v. Coleman, 76 Ala. 103; Harmon v. McRae, 91 Ala. 401; Lehman v. Greenhut, 88 Ala. 478; Knotoles v. Street, 87 Ala. 357, and many other cases not necessary to be cited. 2. In such cases as this, the inquiries relate (1) to the bona fides and amount…
1Opinion of the CourtHaralson, J.
This is a statutory claim suit to try the right of property in a stock of goods. The plaintiffs in the court below, J. S. Lowery & Co., the appellees, sued out an attachment in the Circuit Court of Jefferson county, on the 2nd of December, 1890, against L. Klein, and placing the same in the hands of the sheriff, caused it to be levied on a part of a stock of goods in a store house, No. 15 N. 50th Street, in Birmingham, Alabama, in which said L. Klein claimed to have carried on a clothing and furnishing store. Steiner Brothers, a banking-house in said city, the appellants, interposed a claim…
2Cases cited3 opinions
- Hodges Bros. v. Coleman & CarrollSupreme Court of Alabama · 1884
- Pollock v. MeyerSupreme Court of Alabama · 1892
- Dawson v. Flash, Preston & Co.Supreme Court of Alabama · 1892
3Cited by2 opinions
- Goetter, Weil & Co. v. Smith Bros.Supreme Court of Alabama · 1894
- Wade v. Brantley & Crawley Const. Co.Supreme Court of Alabama · 1935