Redd v. Wallace
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. This was a bill in chancery filed by John IT. AVallace as trustee in bankruptcy of the estate of Estes & Brown against William Redd, et als. doing business as the Birmingham Grain Co., seeking to declare a certain transaction a preference under the bankruptcy act and to avoid the same.
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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. This was a bill in chancery filed by John IT. AVallace as trustee in bankruptcy of the estate of Estes & Brown against William Redd, et als. doing business as the Birmingham Grain Co., seeking to declare a certain transaction a preference under the bankruptcy act and to avoid the same. Estes & Brown were indebted to the Birmingham Grain Co., and some time prior to filing their petition in bankruptcy, received a car load of oats ■ with bill of lading attached. They were unable to pay the freight, 'whereupon the Birmingham…
1Opinion of the CourtAnderson, J.
We concur with the chancellor in holding that the sale of the car load of oats was not fraudulent and void- under the laws of Alabama. — Pol-lack v. Meyer, 96 Ala. 172, 11 South. 385 ; Meyer v. Sulzbacher, 76 Ala. 120 ; Hodges v. Coleman, 76 Ala. 103 ; Crawford v. Kirksey, 55 Ala. 282, 27 Am. Rep. 704. It is true this court has held that if the creditor goes beyond the collection of his debt and thereby secures a reservation or benefit to the debtor, the conveyance will not stand. And conveyances of this character have been condemned where property has been conveyed partly in payment of an…
2Cases cited12 opinions
- Crawford v. KirkseySupreme Court of Alabama · 1876
- Hodges Bros. v. Coleman & CarrollSupreme Court of Alabama · 1884
- Levy & Co. v. WilliamsSupreme Court of Alabama · 1885
- O'Conner Mining & Manufacturing Co. v. Coosa Furnace Co.Supreme Court of Alabama · 1891
- Dickinson v. National Bank of the RepublicSupreme Court of Alabama · 1893
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3Cited by2 opinions
- Harrison v. StuartSupreme Court of Alabama · 1929
- Brock & Spight v. OliverSupreme Court of Alabama · 1907