Collier & Jones v. Wood Bros.
Supreme Court of Alabama
Appeal from the Chancery Court of Pike. Heard before the Hon. JOHN A. Postee. The bill in this case was filed on the 8th October, 1886, by Wood Brothers, merchants and partners in trade, as creditors of Ezekiel Warrick, against said Warrick, G. C. Collier and Thomas H. J ones, the two latter being partners in trade doing business under the firm name of Collier & Jones; and sought to have a mortgage, which Warwick had executed to Collier & Jones, declared a general…
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Appeal from the Chancery Court of Pike. Heard before the Hon. JOHN A. Postee. The bill in this case was filed on the 8th October, 1886, by Wood Brothers, merchants and partners in trade, as creditors of Ezekiel Warrick, against said Warrick, G. C. Collier and Thomas H. J ones, the two latter being partners in trade doing business under the firm name of Collier & Jones; and sought to have a mortgage, which Warwick had executed to Collier & Jones, declared a general assignment, and enforced and foreclosed as such for the benefit of all said Warrick’s creditors equally. The mortgage, a copy of…
1Opinion of the CourtStone, C. J.
As to all tbe property, then in actual existence, conveyed by Warrick’s mortgage on May 21, 1886, and as to all tbe debt to Collier & Jones, save that part which was contracted simultaneously with tbe execution of tbe mortgage, we agree with tbe chancellor that tbe conveyance must be held a general assignment, — Code of 1886, § 1737. It is clearly shown, and without conflict, that tbe conveyance contains substantially all of Warrick’s property, and it must “enure to tbe benefit of all tbe creditors of tbe grantor equally.” — Holt v. Bancroft, 30 Ala. 193; Stetson v. Miller, 36 Ala. 642;…
2Cases cited11 opinions
- Crawford v. KirkseySupreme Court of Alabama · 1876
- Holt & Chambers v. BancroftSupreme Court of Alabama · 1857
- Lovelace v. WebbSupreme Court of Alabama · 1878
- Collier v. FaulkSupreme Court of Alabama · 1881
- Danner & Co. v. Brewer & Co.Supreme Court of Alabama · 1881
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Manchuria S. S. Co. v. Harry G. G. Donald & Co.Supreme Court of Alabama · 1917
- Tonsmere & Craft v. BucklandSupreme Court of Alabama · 1889
- Marshall v. Livingston National BankMontana Supreme Court · 1891
- Boger v. Jones Cotton Co.Supreme Court of Alabama · 1939
- Aycock v. Ft. Branch Mill. Co.Supreme Court of Alabama · 1914
1 more not listed; retrieve them via the Exa API.