Cartwright v. West
Supreme Court of Alabama
Appeal from Morgan Chancery Court. Heard before Hon. W. H. Simpson. Bill by Marvin West as trustee in bankruptcy of the estate of Herbert Cartwright against Cartwright and others to cancel certain conveyances as fraudulent and void, made by the bankrupt. From a decree, holding certain pleas insufficient respondents appeal. Pleas may be filed to a part of a bill. Sims Chan. Prac. Sec. 457; 2 Daniels Chan. Prac. 685; Story’s Eq. Plead.
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Appeal from Morgan Chancery Court. Heard before Hon. W. H. Simpson. Bill by Marvin West as trustee in bankruptcy of the estate of Herbert Cartwright against Cartwright and others to cancel certain conveyances as fraudulent and void, made by the bankrupt. From a decree, holding certain pleas insufficient respondents appeal. Pleas may be filed to a part of a bill. Sims Chan. Prac. Sec. 457; 2 Daniels Chan. Prac. 685; Story’s Eq. Plead. Sec. 647. The pleas were submitted on a test of their sufficiency, which was an admission of their truth. — New Decatur v. Scharfenburg, 155 Ala. 651; 17 Pick.…
1Opinion of the CourtDowdell, C. J.
The appeal in this case is taken from the decree of the chancellor holding certain pleas, filed to the bill insufficient; the cause having been set down for hearing on the sufficiency of said pleas.
Waiving the question as to the character of the pleas, whether or not pleas puis darein continuance and requiring verification at the time of their filing, or at the time the cause was set down for hearing on their sufficiency, “The oath is not a part of the plea, but a preliminary to its reception, and when the plea is thus received it cannot he rejected by the court because it is insufficient.” —…
2Cases cited5 opinions
- Glasser, Kuder & Ottensosser v. MeyrovitzSupreme Court of Alabama · 1898
- Town of New Decatur v. ScharfenbergSupreme Court of Alabama · 1906
- Wright v. EvansSupreme Court of Alabama · 1875
- Tyson v. Decatur Land Co.Supreme Court of Alabama · 1898
- McCall v. McRaeSupreme Court of Alabama · 1846
3Cited by17 opinions
- Prowell v. WilsonSupreme Court of Alabama · 1929
- Parker v. Ebsco Industries, Inc.Supreme Court of Alabama · 1968
- Stuart v. HoltSupreme Court of Alabama · 1916
- In Re Parkwood, Inc. American Security and Trust Co., Trustee in Reorganization of Parkwood, Inc. v. Equitable Life Insurance Co. In Re Parkwood, Inc. American Security and Trust Co., Trustee in Reorganization of Parkwood, Inc. v. Manufacturers Life Insurance Co. In Re Adams Properties, Inc. American Security and Trust Co., Trustee in Reorganization of Adams Properties, Inc. v. Hartford Life Insurance CoCourt of Appeals for the D.C. Circuit · 1972
- Cartwright v. WestSupreme Court of Alabama · 1913
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