Carter Bros. & Co. v. Coleman
Supreme Court of Alabama
Appeal from the Chancery Court of Hale. Heard before the Hon. Thos. Cobbs. The bill in this case was filed on the 29th March, 1886, by Carter Brothers & Co. and others, non-resident merchants doing business in Louisville, Nashville, and Baltimore, as creditors of James B. Coleman, against the said Coleman and A. Lawson, who were brothers-in-law, having married sisters ; and sought to set aside, on the ground of fraud, a sale of his stock of goods by said Coleman to Lawson,…
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Appeal from the Chancery Court of Hale. Heard before the Hon. Thos. Cobbs. The bill in this case was filed on the 29th March, 1886, by Carter Brothers & Co. and others, non-resident merchants doing business in Louisville, Nashville, and Baltimore, as creditors of James B. Coleman, against the said Coleman and A. Lawson, who were brothers-in-law, having married sisters ; and sought to set aside, on the ground of fraud, a sale of his stock of goods by said Coleman to Lawson, which was made on the night of March 20th, or the morning of March 21st, 1885, and to subject the proceeds of sale, in…
1Opinion of the Court
CLOPTON, J. —
The appeal is taken from a decree sustaining a demurrer to the bill, which is a creditors’ bill, brought by appellants to subject to the payment of Coleman’s debts the proceeds of a stock of goods, alleged to have been fraudulently sold by him to his co-defendant, Lawson. The grounds of demurrer as assigned are, that complainants have an adequate, complete, and exclusive remedy at law, and that the ■ participation of Lawson in the .fraudulent intent of Coleman is nc?t sufficiently charged.
The bill alleges that some of the complainants, after the sale, obtained judgment against…
2Cases cited5 opinions
- Lehman v. MeyerSupreme Court of Alabama · 1880
- Evans v. WelchSupreme Court of Alabama · 1879
- Lehman, Durr & Co. v. Kelly & Bro.Supreme Court of Alabama · 1880
- Levy & Co. v. WilliamsSupreme Court of Alabama · 1885
- Mathews v. Mobile Mutual InsuranceSupreme Court of Alabama · 1883
3Cited by12 opinions
- Montgomery & Florida Railway Co. v. McKenzieSupreme Court of Alabama · 1888
- Carter Bros. & Co. v. ColemanSupreme Court of Alabama · 1887
- Harris v. RussellSupreme Court of Alabama · 1890
- Henderson v. Farley National BankSupreme Court of Alabama · 1898
- Jefferson County Savings Bank v. EbornSupreme Court of Alabama · 1887
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