Brock & Spight v. Oliver
Supreme Court of Alabama
Appeal from Morgan Chancery Court. Heard before Hon. W. II. Simpson, Chancellor. Bill by O. A. Oliver, as trustee in bankruptcy, against Brock & Spight and others.
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Appeal from Morgan Chancery Court. Heard before Hon. W. II. Simpson, Chancellor. Bill by O. A. Oliver, as trustee in bankruptcy, against Brock & Spight and others. The bill in this ease was filed by Oliver, as trustee in bankruptcy for B. A. Nichols, whom the hill alleges was adjudged a bankrupt on February 15, 1904. The bill alleges an execution of a mortgage by Nichols to Brock & Spight, covering all of his property except his merchandise, and assignment by said mortgage of a large number of his notes, mortgages, and dioses in action, and in the year 1903 a chattel mortgage on all his notes…
1Opinion of the Court
ANDERSON, J. —
The sole purpose of this bill is to have certain payments made by the bankrupt declared preferential and void under the bankrupt act. The *96chancery court, is without jurisdiction’ to grant relief against a mere preference at the instance of one who has not exhausted his remedy at law. — Redd v. Wallace, 145 Ala. 209, 40 South. 407. The hill does not bring this case within the influence of section 818 of the Code of 1896, as it in no sense seeks to set aside a fraudulent conveyance or transfer. It does aver that a mortgage was fraudulently given, but also shows that the mortgage…
2Cases cited1 opinion
- Redd v. WallaceSupreme Court of Alabama · 1906
3Cited by2 opinions
- First State Bank v. SpencerCourt of Appeals for the Eighth Circuit · 1915
- People's Bank v. McAleerSupreme Court of Alabama · 1920