Frank v. Myers
Supreme Court of Alabama
Appeal from Birmingham City Court. . Heard before the Hon. H. A. Sharpe. insisted that the deed of assignment was not void, citing Freeman v. Bank, 46 N. W. Rep. 36; Brooks v. Nichols, 17 Mich. 38; Flournoy v. Lyon, 62 Ala. 213; Richardson v. Marqueze, 59 Miss. 80; Meyer v. (Jonioay, 90 Ala. 109; 18 Ind. 507; 67 Md. 480; 16 NW! 562 ; 6 Maine, 395 ; 62 Wis. 167 ; Tb. 69; 61 lb. 293; 1 Am. & Eng.
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Appeal from Birmingham City Court. . Heard before the Hon. H. A. Sharpe. insisted that the deed of assignment was not void, citing Freeman v. Bank, 46 N. W. Rep. 36; Brooks v. Nichols, 17 Mich. 38; Flournoy v. Lyon, 62 Ala. 213; Richardson v. Marqueze, 59 Miss. 80; Meyer v. (Jonioay, 90 Ala. 109; 18 Ind. 507; 67 Md. 480; 16 NW! 562 ; 6 Maine, 395 ; 62 Wis. 167 ; Tb. 69; 61 lb. 293; 1 Am. & Eng. Ency. 852; Bank v. Dunn, 67 Ala. 381; Maas db Block v. Long, 70 Ala. 237; Loeb v. Manasses, 78 Ala. 555 ; Sugg v. Tillman, 2 Swan. 208; 49 Pa. St. 465; 26 lb. 473; 35 Ga. 180; 34 Ala. 93; England v.…
1Opinion of the CourtHead, J.
— M. J. Mullane, an insolvent merchant, executed to Meyers what professed to be a general assignment of all his stock in trade and other property, of value many thousand dollars, for the benefit of his creditors. The instrument was in due form, perfect in all its parts, possessing no infirmity whatever as a complete legal transfer of all the property of the assignor for the payment of his debts, except that it concluded with the following clause : “But the party of the first part making this assignment reserves to himself any and all exemptions to which he is entitled under the laws of the…
2Cases cited18 opinions
- Parsons Savings Bank v. SargentSupreme Court of Kansas · 1878
- Smith v. MitchellMichigan Supreme Court · 1863
- Morrow v. ReedWisconsin Supreme Court · 1872
- Perry v. VezinaSupreme Court of Iowa · 1884
- Mobile Savings Bank v. FrySupreme Court of Alabama · 1881
13 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Cook & Laurie Contracting Co. v. BellSupreme Court of Alabama · 1912
- Irwin v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1925
- Loyd v. OatesSupreme Court of Alabama · 1904
- Town of Carbon Hill v. MarksSupreme Court of Alabama · 1920
- Lebeck v. Fort Payne BankSupreme Court of Alabama · 1896
18 more not listed; retrieve them via the Exa API.