Green & Gay v. Wright, Williams & Wadley
Supreme Court of Alabama
Appeal from Olay County Court. Heard before Hon. W. J. Pearce. Suit by Wright, Williams & Wadley and others, cred itors of W. J. Skinner, against Green & Gay and others. From a decree overruling a demurrer to the bill, defendants appeal. The bill seeks relief under two aspects, and cannot be maintained in the present attitude. The demurrers raising these questions should have been sustained.
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Appeal from Olay County Court. Heard before Hon. W. J. Pearce. Suit by Wright, Williams & Wadley and others, cred itors of W. J. Skinner, against Green & Gay and others. From a decree overruling a demurrer to the bill, defendants appeal. The bill seeks relief under two aspects, and cannot be maintained in the present attitude. The demurrers raising these questions should have been sustained. Counsel cite a number of cases relative to suits by creditor, and insist that under these cases, the demurrers were properly overruled.
1Opinion of the CourtMayfield, J.
The bill in this case was confessedly filed under two sections of the Code of 1907, namely, sections 3739 and 4295.’ The one authorizes a creditor, without a lien or judgment, to file his bill to discover and to subject property fraudulently conveyed or transferred by the debtor, in the same manner as a creditor with a judgment or lien could do, without the statute. The other statute was intended merely to blot out or prevent intended preferences or privities between creditors by contracts of sale, and contracts of securities between the debtor and a part of his creditors, to the exclusion of…
2Cited by8 opinions
- Smith v. YoungSupreme Court of Alabama · 1911
- Lambert v. AndersonSupreme Court of Alabama · 1932
- Garrett v. First Nat. Bank of MontgomerySupreme Court of Alabama · 1937
- Anderton v. HiterSupreme Court of Alabama · 1939
- Boyett's, Inc. v. GrossSupreme Court of Alabama · 1964
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