Elliott v. Kyle
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Bill by T. S. Kyle against J. M. Elliott and. others, to declare a deed a general assignment for the benefit of the creditors. From a decree overruling demurrers to the bill respondent appeals.
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Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Bill by T. S. Kyle against J. M. Elliott and. others, to declare a deed a general assignment for the benefit of the creditors. From a decree overruling demurrers to the bill respondent appeals. The two aspects of the bill are wholly inconsistent, and at war with each other, cannot stand together. — 87 Ala. 404. The bill is insufficient as charging fraud. — 58 Ala. 667; 3 Mayf. 826. Section 4295, Code 1907, furnishes all the authority necessary to support the bill and give it equity. — Anniston Co. v. Ward, 108 Ala.85; Smith v.…
1Opinion of the CourtSayre, J.
This appeal is prosecuted from a decree overruling appellants’ demurrer to appellee’s bill. To make a brief general statement of the bill, it avers that the defendant J. M. Elliott, being indebted to complainant in the sum of $32,000, and to the First National Bank of Gadsden to the extent of $35,000 or $40,000, or other large sum, and to others, not named, in sums not named, he and his wife and co-defendant, Nena Kyle Elliott, have conveyed to the Alabama City Land & Development Company, a corporation controlled by defendant Elliott and his wife, the latter of whom owns all, or “practically…
2Cases cited6 opinions
- Lehman v. MeyerSupreme Court of Alabama · 1880
- Sayre v. Elyton Land Co.Supreme Court of Alabama · 1882
- McDonnell & Co. v. FinchSupreme Court of Alabama · 1901
- Gay, Hardie & Co. v. StricklandSupreme Court of Alabama · 1896
- Morrow v. CampbellSupreme Court of Alabama · 1897
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3Cited by2 opinions
- W. T. Rawleigh Co. v. TimmermanSupreme Court of Alabama · 1920
- Bank of Eclectic v. Sturdivant BankSupreme Court of Alabama · 1919