Elyton Land Co. v. Dowdell
Supreme Court of Alabama
Bill in Equity by Stockholder to set aside a'Sale of Corporate Assets. Appeal from the City Court of Birmingham, in Equity. The original bill in this case was filed by Annie Dow-dell, on October 6, 1894, against the Elyton Land Company and others. Pending the hearing of the cause Annie Dowdell died, and her death being suggested, the suit was revived in the name of James S. Dowdell, as executor. The purpose of the bill is sufficiently stated in the opinion.
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Bill in Equity by Stockholder to set aside a'Sale of Corporate Assets. Appeal from the City Court of Birmingham, in Equity. The original bill in this case was filed by Annie Dow-dell, on October 6, 1894, against the Elyton Land Company and others. Pending the hearing of the cause Annie Dowdell died, and her death being suggested, the suit was revived in the name of James S. Dowdell, as executor. The purpose of the bill is sufficiently stated in the opinion. To the bill the defendants filed their plea supported by answer. This plea sets forth the history of the dividend trust bonds, and states…
1Opinion of the CourtColeman, J.
The complainant, a stockholder owning five shares in the Elyton Land Company, a corporation, filed the present bill, for the purpose of annulling and setting aside a sale and conveyance of its property assets to the Elyton Company, a corporation, and to set aside and annul a mortgage executed by the Elyton Company to the Maryland Trust Company, as trustee, to secure the payment of certain bonds issued by the Elyton Company.
To the bill the respondent filed a plea and answer in support of the plea, to which the complainant excepted as being insufficient. The court sustained the exception, and…
2Cases cited1 opinion
- New Orleans, Jackson, & Great Northern Railroad v. HarrisMississippi Supreme Court · 1854
3Cited by11 opinions
- Noble v. Gadsden Land & Improvement Co.Supreme Court of Alabama · 1901
- Traer v. Lucas Prospecting Co.Supreme Court of Iowa · 1904
- Decatur Land Co. v. RobinsonSupreme Court of Alabama · 1913
- Tillis v. BrownSupreme Court of Alabama · 1908
- Whicher v. Delaware Mines Corp.Idaho Supreme Court · 1932
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