Danner Land & Lumber Co. v. Stonewall Insurance
Supreme Court of Alabama
Dill in Equity by Creditors, assailing Absolute Conveyance as Fraudulent, because intended only as Mortgage. Appeal from the Chancery Court of Mobile. Heard before the Hon. John A. Foster.
Read the full summary
Dill in Equity by Creditors, assailing Absolute Conveyance as Fraudulent, because intended only as Mortgage. Appeal from the Chancery Court of Mobile. Heard before the Hon. John A. Foster. The bill in this case was filed on the 4th of November, 1884, by the Stonewall Insurance Company, a domestic corporation, and other creditors of the Danner La/nd and Lumber Company, another domestic corporation doing business in and near the city of Mobile; against the said Land and Lumber Company, the Mobile and Ohio .Railroad Company, "Wm. B. Duncan, C. Jordan, A. C. Danner, and J. C. Strong; and sought…
1Opinion of the CourtSomerville, J.
The bill is filed by certain creditors of the Danner Land and Lumber Company, for the purpose of having declared fraudulent and void, as against them, a certain conveyance made by the defendant corporation to one Jordan, and bearing date the fourth of August, 1884. The conveyance is on its face a mere deed, absolute and unconditional. The effort of the conplainants in the bill is to show that there was an understanding between the parties, at the time of its execution, that it should operate only as a mortgage given as a security for borrowed money, or else as in the nature of a conditional…
2Cases cited8 opinions
- Alabama Great Soiitliern Railroad v. HawkSupreme Court of Alabama · 1882
- Thames & Co. v. Rembert's Adm'rSupreme Court of Alabama · 1879
- Turner v. WilkinsonSupreme Court of Alabama · 1882
- Sims v. GainesSupreme Court of Alabama · 1879
- Cromelin v. McCauleySupreme Court of Alabama · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Bessemer Coal, Iron & Land Co. v. DoakSupreme Court of Alabama · 1907
- Reynolds v. W. T. Grant Co.West Virginia Supreme Court · 1936
- Ricketts v. Birmingham Street Railway Co.Supreme Court of Alabama · 1888
- Hill, Fontaine & Co. v. HeltonSupreme Court of Alabama · 1886
- Louisville & Nashville Railroad v. McGuire & Co.Supreme Court of Alabama · 1885
11 more not listed; retrieve them via the Exa API.