Zelnicker v. Brigham & Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. John A. Foster. The bill in this case was filed on the 20th February, 1883, by the appellees, a mercantile firm doing business in Boston, Massachusetts, who sued as creditors of Joseph J. Zelnicker, against the said Joseph J. Zelnicker, and also against Mrs. Louise N. Zelnicker and her husband, Solomon S. Zelnicker; and sought to set aside, on the ground of fraud, a sale and conveyance of his stock of goods by…
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Appeal from the Chancery Court of Mobile. Heard before the Hon. John A. Foster. The bill in this case was filed on the 20th February, 1883, by the appellees, a mercantile firm doing business in Boston, Massachusetts, who sued as creditors of Joseph J. Zelnicker, against the said Joseph J. Zelnicker, and also against Mrs. Louise N. Zelnicker and her husband, Solomon S. Zelnicker; and sought to set aside, on the ground of fraud, a sale and conveyance of his stock of goods by said Joseph J. to Mrs. Louise N. Zelnicker, and to subject the stock of goods to the payment of complainant’s debt, which…
1Opinion of the CourtStone, J.
— The present bill was filed by simple-contract creditors, under section 3886 of the Code of 1876, which enacts, that " a creditor without a lien may file a bill in chancery, to subject to the payment of his debt any property which has been fraudulently transferred, or attempted to be fraudulently conveyed, by his debtor.” It is contended for appellants, defendants below, that this statute was intended to apply only to cases in which a discovery is sought from defendants; and inasmuch as the present bill is not so framed as to call for a discovery, it is without equity. The argument is, that…
2Cases cited5 opinions
- Hubbard v. AllenSupreme Court of Alabama · 1877
- Lehman v. MeyerSupreme Court of Alabama · 1880
- Evans v. WelchSupreme Court of Alabama · 1879
- Buchanan v. BuchananSupreme Court of Alabama · 1882
- Lide v. Parker'sSupreme Court of Alabama · 1877
3Cited by26 opinions
- Weber v. RothchildOregon Supreme Court · 1887
- Caldwell v. PollakSupreme Court of Alabama · 1890
- Montgomery & Florida Railway Co. v. McKenzieSupreme Court of Alabama · 1888
- Tutwiler v. Tuskaloosa Coal, Iron & Land Co.Supreme Court of Alabama · 1889
- Watts v. Eufaula National BankSupreme Court of Alabama · 1884
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