Legal Opinion

Bank of Opelika v. Kiser, Moore, Draper & Co.

Supreme Court of Alabama

Decided July 1, 1898PublishedCited by 8 opinions

Appeal from Randolph. Chancery Court. Tried before Hon. S. K. McSpadden. The facts are sufficiently stated in the opinion. The answers of defendants denied that the conveyances • sought to be declared a general assignment conveyed all or substantially all the property of the debtor. The chancellor rendered his decree granting complainants relief.

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Appeal from Randolph. Chancery Court. Tried before Hon. S. K. McSpadden. The facts are sufficiently stated in the opinion. The answers of defendants denied that the conveyances • sought to be declared a general assignment conveyed all or substantially all the property of the debtor. The chancellor rendered his decree granting complainants relief. Defendants appeal and assign as error among other things the overruling of demurrers to the bill, and the rendition of the final decree. cited, Acts 1892-3, p. 1046; Rogers v. Prattville Mfg. Go., 81 Ala. 483; Tillman v. BeLacy, 80 Ala. 103; Code,…

1Opinion of the CourtBrickell, C. J.

The bill was filed by the appellees, simple contract creditors of the Rosedale Manufacturing Company, alleged to be a corporation, and to have been at the time of the transactions referred to in the bill, “engaged in manufacturing cotton into yarn, and doing a general merchandise business.” The purpose and prayer of the bill and its allegations are not adapted, to or consistent with any other relief, is, that certain transfers of personal property, dioses in action, etc., which have been made by the company to the Bank of Opelika, the Bank of Roanoke, and Hill, Jones & Co., defendants,…

2Cases cited8 opinions

  1. Ashurst v. PeckSupreme Court of Alabama · 1893
  2. Ellison v. MosesSupreme Court of Alabama · 1891
  3. Wimbish v. Montgomery Mutual Building & Loan Ass'nSupreme Court of Alabama · 1881
  4. Gay, Hardie & Co. v. StricklandSupreme Court of Alabama · 1896
  5. Bell v. Goetter, Weil & Co.Supreme Court of Alabama · 1894

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3Cited by8 opinions

  1. Anderson v. EnglehartWyoming Supreme Court · 1910
  2. Forrester v. GranberrySupreme Court of Alabama · 1924
  3. Able v. GunterSupreme Court of Alabama · 1912
  4. Mitchell v. ConwaySupreme Court of Alabama · 1952
  5. Charles Maloney & Co. v. GonhueMichigan Supreme Court · 1908

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