Rives, Battle & Co. v. Walthall's Ex'rs
Supreme Court of Alabama
Appeal from the Chancery Court of Perry. Heard before the Hon. James B. Clark. The original bill is this ease was filed on the 30th January, 1847, by Rives,¡Battle & Co., as judgment creditors of Thomas. IL Hill, against said Hill and Richard B. Walthall; and • sought to have a mortgage, executed by said Hill to Walthall, declared fraudulent and void as to complainants. or-.foreclosed for their benefit.
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Appeal from the Chancery Court of Perry. Heard before the Hon. James B. Clark. The original bill is this ease was filed on the 30th January, 1847, by Rives,¡Battle & Co., as judgment creditors of Thomas. IL Hill, against said Hill and Richard B. Walthall; and • sought to have a mortgage, executed by said Hill to Walthall, declared fraudulent and void as to complainants. or-.foreclosed for their benefit. Separate answers were filed by* the defendants, insisting on the validity of the mortgage, but admitting most of the other material allegations of'the bill, and demurring to the bill for want…
1Opinion of the CourtA. J. Walker, C. J.
Isi-support of the complainants’ right to relief, three positions are taken. They are— first, that the mortgages described in the bill are fraudulent; secondly, that if not fraudulent, the complainants are entitled to a satisfaction of their judgment out of the mortgaged property, after!the discharge of the mortgages; and, lastly, that the bill may be regarded as a creditors’ bill, under which satisfaction of the complainants’ judgment out of certain property may be had.
1. The first of the three positions can not be sustained ; because the allegations of fraud are denied by the answers, and…
2Cases cited12 opinions
- McArthur v. Carrie's Adm'rSupreme Court of Alabama · 1858
- Lloyd v. BrewsterNew York Court of Chancery · 1834
- Andrews v. McCoySupreme Court of Alabama · 1846
- Charles v. DuboseSupreme Court of Alabama · 1856
- Brown v. BatesSupreme Court of Alabama · 1846
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Lehman v. MeyerSupreme Court of Alabama · 1880
- Caldwell v. KingSupreme Court of Alabama · 1884
- Cramer v. WatsonSupreme Court of Alabama · 1882
- Henderson v. HarnessIllinois Supreme Court · 1900
10 more not listed; retrieve them via the Exa API.