O'Neil v. Birmingham Brewing Co.
Supreme Court of Alabama
Appeal from the City Court of Birmingham, in Equity. Heard before the Hon. H. A. Sharpe. .The bill in this case was filed by the Birmingham Brewing Company and Solomon & Levi, against a partnership under the name and style of Patrick ATiern, against Bridget O’Neil and Patrick ATiern, individually, and against J. Fox’s Sons ; and prayed to have set aside as fraudulent and void a certain conveyance of the property of said partnership, made to J. Fox’s Sons on Juné 17, 1891, in…
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Appeal from the City Court of Birmingham, in Equity. Heard before the Hon. H. A. Sharpe. .The bill in this case was filed by the Birmingham Brewing Company and Solomon & Levi, against a partnership under the name and style of Patrick ATiern, against Bridget O’Neil and Patrick ATiern, individually, and against J. Fox’s Sons ; and prayed to have set aside as fraudulent and void a certain conveyance of the property of said partnership, made to J. Fox’s Sons on Juné 17, 1891, in alleged payment of an alleged indebtedness . The bill averred that the respondents, Bridget O’Neil, a married Avoman,…
1Opinion of the CourtMcCLELLAN, J.
“All deeds of gift, all conveyances, transfers and assignments, verbal or written, of goods, chattels or things in action, made in trust for the use of the person making the same, are void against creditors, existing or subsequent, of such person.” — Code, § 1730.
A mortgage of merchandise and the like by a debtor to his creditor to secure the indebtedness, or a formal sale intended to operate only as a security for the indebtedness, is a transfer for the use of the person executing the mortgage or bill of sale within the section quoted, and void as against both existing and subsequent…
2Cases cited7 opinions
- Louisville & Nashville R. R. v. WilliamsSupreme Court of Alabama · 1911
- LeGrand v. Eufaula National BankSupreme Court of Alabama · 1886
- Benedict, Hall & Co. v. Renfro Bros.Supreme Court of Alabama · 1883
- Reed Lumber Co. v. LewisSupreme Court of Alabama · 1891
- Dickson v. McLarneySupreme Court of Alabama · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Boyd v. GarrisonSupreme Court of Alabama · 1944
- American Trust & Savings Bank v. O'BarrAlabama Court of Appeals · 1914
- Compton v. SmithSupreme Court of Alabama · 1897
- Morton Hardware Co. v. BarrancoSupreme Court of Alabama · 1937
- Roden & Co. v. Norton & Co.Supreme Court of Alabama · 1900
8 more not listed; retrieve them via the Exa API.