Brock v. Berry, Demoville& Co.
Supreme Court of Alabama
Appeal from Morgan Chancery Court. Heard before Hon. W. H. Simpson. The bill was filed by Berry, Demoville & Co., as a creditor of Cross, against T. M. Cross, Mattie L. Young, S. P. Ryan, L. P. Troup -and John L. Brock, and sought to set aside as fraudulent a mortgage from Cross to Young upon 'certain store fixtures and a stock of drugs, goods, wares and merchandise in Decatur, Alabama, as well as upon any goods that -might thereafter be purchased and -added to the stock…
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Appeal from Morgan Chancery Court. Heard before Hon. W. H. Simpson. The bill was filed by Berry, Demoville & Co., as a creditor of Cross, against T. M. Cross, Mattie L. Young, S. P. Ryan, L. P. Troup -and John L. Brock, and sought to set aside as fraudulent a mortgage from Cross to Young upon 'certain store fixtures and a stock of drugs, goods, wares and merchandise in Decatur, Alabama, as well as upon any goods that -might thereafter be purchased and -added to the stock before the debt was paid. The fraud alleged consisted in an alleged agreement between Cross and Young that Cross should…
1Opinion of the Court
HARALSON, J. —
1. As to the liability of the sheriff for selling the property under the circumstances and conditions alleged, Mr. Freeman says, as to the proper notice of sale: “So far as the courts have spoken upon the subject, they have held that the selling of property under execution by an officer without- previously giving the notice of sale required by the statute, is such misconduct that the officer is no longer entitled to the protection of liis writ. The result of this must be, that if sued in trespass, his defense cannot rest upon the process, nor can it be used in diminution of…
2Cases cited8 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- Foster v. MabeSupreme Court of Alabama · 1842
- Andrews v. KeithSupreme Court of Alabama · 1859
- Anniston Pipe Works v. WilliamsSupreme Court of Alabama · 1894
- Hartshorn v. WilliamsSupreme Court of Alabama · 1857
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Kelly v. CarmichaelSupreme Court of Alabama · 1928
- Dewberry v. Bank of Standing RockSupreme Court of Alabama · 1933
- Ryan v. YoungSupreme Court of Alabama · 1906
- Clikos v. LongSupreme Court of Alabama · 1936
- New Morgan County Building & Loan Ass'n v. PlemmonsSupreme Court of Alabama · 1923
9 more not listed; retrieve them via the Exa API.