McDowell v. Steele
Supreme Court of Alabama
Appeal from the Chancery Court of Wilcox. Heard before the Hon. Thos. W. Coleman. The bill in this case was filed on the 3d March, 1885, by David A. Steele, as a judgment creditor of John R. McDowell, with an execution returned “No property found,” against said McDowell, his wife, Daniel S. Pritchett, and others; and sought to set aside, as fraudulent, two mortgages executed by said McDowell, one to his wife, and the other to said Pritchett, and to subject the property to…
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Appeal from the Chancery Court of Wilcox. Heard before the Hon. Thos. W. Coleman. The bill in this case was filed on the 3d March, 1885, by David A. Steele, as a judgment creditor of John R. McDowell, with an execution returned “No property found,” against said McDowell, his wife, Daniel S. Pritchett, and others; and sought to set aside, as fraudulent, two mortgages executed by said McDowell, one to his wife, and the other to said Pritchett, and to subject the property to the satisfaction of the complainant’s judgment. The complainant died pending the suit, and it was revived in the name of…
1Opinion of the CourtStone, C. J.
The testimony is very satisfactory in support of the proposition, that in March, 1884, McDowell was indebted to Pritchett, and to Mrs. McDowell, in the sums severally claimed by them. We think, also, that the property mortgaged to them was not excessive in value, taking into account the amount of the indebtedness. It is also well settled, under our system, that a failing debtor, who is unable to pay all his debts, may elect whom he will pay, and pay them in full, although he thereby disables himself to pay any thing to his other creditors. But this last principle has its limit, which is as…
2Cases cited8 opinions
- Hodges Bros. v. Coleman & CarrollSupreme Court of Alabama · 1884
- Lukins v. AirdSupreme Court of the United States · 1867
- Lehman, Durr & Co. v. Kelly & Bro.Supreme Court of Alabama · 1880
- Wiley, Banks & Co. v. KnightSupreme Court of Alabama · 1855
- Pritchett v. Pollock & Co.Supreme Court of Alabama · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Manchuria S. S. Co. v. Harry G. G. Donald & Co.Supreme Court of Alabama · 1917
- Birmingham Trust & Savings Co. v. SheltonSupreme Court of Alabama · 1935
- Dollins & Adams v. Pollock & Co.Supreme Court of Alabama · 1889
- Stephens v. Regenstein & Co.Supreme Court of Alabama · 1889
- Morton Hardware Co. v. BarrancoSupreme Court of Alabama · 1937
7 more not listed; retrieve them via the Exa API.