Legal Opinion

de Graffenried v. Breitling

Supreme Court of Alabama

Decided April 22, 1915PublishedCited by 53 opinions

Appeal from Marengo Law and Equity Court. Heard before Hon. Edward J. Gilder. Petition by Edward de Graffenried as assignee of the City Bank & Trust Company, for a reference to fix bis compensation as assignee. From an order denying a reference, because of a failure to file claim thereto within the time required by an order of a subsequent receiver to file claim, petitioner appeals.

1Opinion of the CourtThomas, J.

The facts of this case are: That on the 9th day of May, 1910, the City Bank & Trust Company, a corporation, being financially embarrassed, made an assignment to Edward de Graffenried, for the benefit of its creditors, of all its properties. The assignee accepted the trust, filed a petition in the Marengo law and equity court, invoking the jurisdiction of that court over said trust estate and his trusteeship thereof, and alleged that he was then engaged in making a full and complete inventory of the entire trust properties, as provided by section 6058 of the Code of 1907, and, when the same…

2Cases cited15 opinions

  1. Galliher v. CadwellSupreme Court of the United States · 1892
  2. Wynn v. Tallapoosa County BankSupreme Court of Alabama · 1910
  3. Chase v. ChaseSupreme Court of Rhode Island · 1897
  4. Ex parte Elyton Land Co.Supreme Court of Alabama · 1893
  5. Adams v. SayreSupreme Court of Alabama · 1884

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3Cited by53 opinions

  1. Carter v. MitchellSupreme Court of Alabama · 1932
  2. Veitch v. Woodward Iron Co.Supreme Court of Alabama · 1917
  3. McClurkin v. McClurkinSupreme Court of Alabama · 1921
  4. Crowson v. CodySupreme Court of Alabama · 1926
  5. Fife v. Pioneer Lumber Co.Supreme Court of Alabama · 1939

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