Harwell v. Potts
Supreme Court of Alabama
Appeal from Tallapoosa Chancery Court. Heard before Hon. S. K. McSpadden. The bill in this case was filed by F. M. Potts, and other creditors of H. T. Harwell, to set aside, as fraudulent, certain mortgages made by said Harwell to Gray & Knight, to his brother, Wm. O. Harwell, and to others, as being made to hinder, delay or defraud complainants and other creditors of said H. T. Harwell.
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Appeal from Tallapoosa Chancery Court. Heard before Hon. S. K. McSpadden. The bill in this case was filed by F. M. Potts, and other creditors of H. T. Harwell, to set aside, as fraudulent, certain mortgages made by said Harwell to Gray & Knight, to his brother, Wm. O. Harwell, and to others, as being made to hinder, delay or defraud complainants and other creditors of said H. T. Harwell. The averments of the bill are numerous, but in view of the fact that the case turned mainly upon the validity of the appointment of a receiver, it is deemed unnecessary and unprofitable to set them out in…
1Opinion of the CourtClopton, J.
The order appointing the receiver, from which the appeal is taken, was made December 26, 1885, by the chancellor in vacation, and the bill was filed on the 28th, two days thereafter. As receivers are, ordinarily, appointed without requiring a bond from the party applying for such appointment, the courts have generally realized the necessity and duty of exercising great caution and circumspection. The bill is defective in some material respects. Whilst averring the conclusion of fraud, it does not sufficiently allege the facts, from which the conclusion arises, either by assailing the bona…
2Cases cited1 opinion
- Crowder v. MooneSupreme Court of Alabama · 1875
3Cited by8 opinions
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- Thompson v. AdamsWest Virginia Supreme Court · 1906
- Baltimore Bargain House v. St. ClairWest Virginia Supreme Court · 1906
- Ex Parte GoodwynSupreme Court of Alabama · 1933
- Howell & Howell v. Harris-Cortner & Co.Supreme Court of Alabama · 1910
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