B. F. Roden Grocery Co. v. McAfee
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. W. H. McAfee as assignee of the McAfee Company was administering the trust estate in the chancery court of Jefferson County, for the benefit of the creditors of the company, and the B. F. Roden Grocery Company,, filed its petition and agreement claiming a lien and priority of payment. The chancellor declined to enter a decree declaring a lien and priority of payment, and the petitioner appeals.
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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. W. H. McAfee as assignee of the McAfee Company was administering the trust estate in the chancery court of Jefferson County, for the benefit of the creditors of the company, and the B. F. Roden Grocery Company,, filed its petition and agreement claiming a lien and priority of payment. The chancellor declined to enter a decree declaring a lien and priority of payment, and the petitioner appeals. The purpose of section 2988, is to prevent embarrassments in judicial proceedings. — Prestioood v. ■ Watson, 111 Ala. 644. “An…
1Opinion of the CourtMayfield, J.
The only question involved on this appeal is the effect that should be given a certain written agreement of counsel filed in the lower court. The agreement is in words and figures as follows: “W .H. MacAfee, Assignee, v. MacAfee Company. In the Chan-eery Court, Jefferson County, Birmingham, Alabama. In re Reference Regarding Claim of B. F. Roden Grocery Company, Claiming a Lien and Priority of Payment. Whereas, the same question is involved in the above matter as in the reference of Benj. S. C'atchings, Assignee, Arnold & Mathis, J. D. Wallenhaupt, and P. Giacopazzi; and whereas, the…
2Cases cited5 opinions
- Rosenbaum v. StateSupreme Court of Alabama · 1859
- Ex parte HayesSupreme Court of Alabama · 1890
- Norman v. BurnsSupreme Court of Alabama · 1880
- Starke v. KenanSupreme Court of Alabama · 1847
- Robinson v. DriverSupreme Court of Alabama · 1902
3Cited by2 opinions
- Brocato v. BrocatoSupreme Court of Alabama · 1976
- National Bread Co. v. BirdSupreme Court of Alabama · 1933