Legal Opinion

Musgrove v. Gray

Supreme Court of Alabama

Decided November 15, 1898PublishedCited by 6 opinions

Appeal from the Chancery Court of Jefferson. Heard before the Hon. John C. Caemichael. On May 19, 1898, the stockholders of the Corona Coal & Coke Company filed their petition in the chancery court, asking the dissolution of said company as pro-Tided for under the statute; and on August 5, 1898, the chancellor rendered a decree dissolving said corporation.

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Appeal from the Chancery Court of Jefferson. Heard before the Hon. John C. Caemichael. On May 19, 1898, the stockholders of the Corona Coal & Coke Company filed their petition in the chancery court, asking the dissolution of said company as pro-Tided for under the statute; and on August 5, 1898, the chancellor rendered a decree dissolving said corporation. On September 12,1898, one J. H. Bartlett was appointed receiver of the property and assets of the Corona Coal & Coke Co. On October 28, 1898, J. H. Bartlett, as receiver, filed a petition in which he averred the facts as above set out, and…

1Opinion of the CourtMcCLELLAN, C. J.

This is a petition filed by receivers praying a AAT.it of assistance to recoArer possession of certain real and personal property alleged to belong to the corporation of Avhich petitioners are receivers against Musgrove Brothers, aaJio are not parties to the case, but are in possession of the property. The petitioners base their right to relief'upon the theory that when, as in this case, a corporation is voluntarily dissolved under the statute, contracts under Avhich third parties hold its property are annulled and avoided, and that therefore the contract of this corporation under Avhich…

2Cases cited1 opinion

  1. Parker v. BrowningNew York Court of Chancery · 1840

3Cited by6 opinions

  1. Okmulgee Window Glass Co. v. FrinkCourt of Appeals for the Eighth Circuit · 1918
  2. Riegel v. Planters State BankSupreme Court of Oklahoma · 1924
  3. Bunch v. High Springs BankSupreme Court of Florida · 1918
  4. Ray-Featherstone Oil Co. v. Phœnix Oil Co.Court of Appeals of Texas · 1924
  5. Brooks, Receiver v. Wooten-Epes Co.Supreme Court of Arkansas · 1941

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