Halfman's v. Ellison & Sons
Supreme Court of Alabama
Appeal from the Chancery Court at Montgomery. Heard before the Hon. Adam C. Felder. The bill in this case was filed on the 18th June, 1870, by John B. Ellison & Sons, merchants and partners doing business in the city of Philadelphia, against Mrs. Hannah M. Halfman individually, -and as executrix of the last will and testament of Ethelbert Halfman, her deceased husband, and against the children and devisees of said Halfman.
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Appeal from the Chancery Court at Montgomery. Heard before the Hon. Adam C. Felder. The bill in this case was filed on the 18th June, 1870, by John B. Ellison & Sons, merchants and partners doing business in the city of Philadelphia, against Mrs. Hannah M. Halfman individually, -and as executrix of the last will and testament of Ethelbert Halfman, her deceased husband, and against the children and devisees of said Halfman. It was filed as a creditors’ bill, in behalf of the complainants and all other creditors of said Ethelbert Halfman, who might choose to come in and make themselves parties;…
1Opinion of the CourtBrickell, J.
The general rule is, that to entitle a creditor to the assistance of a court of equity, upon an allegation of fraud in his debtor, he must stand as a creditor with a lien, or as one who has exhausted his legal remedies. There are many well considered authorities, applying this rule to creditors of a decedent, seeking to impeach conveyances made by him in his life, declaring that a court of equity should not intervene, until the debt as a charge upon the assets of the decedent has been judicially ascertained. 1 Hill’s (S. C.) Chan. 291-301; 3 Barb. Chan. 427. This court has, however, relaxed…
2Cases cited17 opinions
- Pharis v. LeachmanSupreme Court of Alabama · 1852
- Locke's v. PalmerSupreme Court of Alabama · 1855
- Shepherd v. NaborsSupreme Court of Alabama · 1844
- Houston v. StantonSupreme Court of Alabama · 1847
- State Bank v. EllisSupreme Court of Alabama · 1857
12 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Lehman v. MeyerSupreme Court of Alabama · 1880
- Abney v. DeLoachSupreme Court of Alabama · 1887
- Houston v. BlackmanSupreme Court of Alabama · 1880
- Coffey v. Norwood & NorwoodSupreme Court of Alabama · 1886
- Floyd v. ClaytonSupreme Court of Alabama · 1880
19 more not listed; retrieve them via the Exa API.