Helena Coal Co. v. Sibley
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the lion. Chas. A. Senn. On October 20, 1900, the appellee, Charles S. Sibley, filed a general creditors’ bill in the city court of Birmingham against the Helena Coal Company, Sibley P. King, F. J. McNamara, L. T. Brasswell, W. T. Johnson and W. F. McNamara to administer a trust under a general assignment- for the benefit of creditors.
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Appeal from the City Court of Birmingham. Tried before the lion. Chas. A. Senn. On October 20, 1900, the appellee, Charles S. Sibley, filed a general creditors’ bill in the city court of Birmingham against the Helena Coal Company, Sibley P. King, F. J. McNamara, L. T. Brasswell, W. T. Johnson and W. F. McNamara to administer a trust under a general assignment- for the benefit of creditors. Tlie bill alleged that on October 20th, 1900, said Helena Ooal Company bad made a general assignment for tlie benefit of creditors to Sibley P. King, conveying to liim all of .its property, consisting of a…
1Opinion of the CourtTYSpN, J.
— -The only ground urged to- set aside the sale is inadequacy of price. Littell v. Zunts, 2 Ala. 256, is the leading case in this State upon the question here involved. The rule as there laid down, which has been uniformly adhered to; is that lyhen the property is purchased by a stranger, the sale will not be set aside'! for mere inadequacy of price; no matter how gross, unless there is some unfair practice at the sale or unless there is surprise; without fault on the part of those interested. See also Parker v. Bluffton Car Wheel Co. 108 Ala. 140; Lowe v. Guice, 69 Ala. 80.
While it is true…
2Cases cited3 opinions
- Littell v. ZuntzSupreme Court of Alabama · 1841
- Lowe v. GuiceSupreme Court of Alabama · 1881
- Parker v. Bluffton Car Wheel Co.Supreme Court of Alabama · 1895
3Cited by18 opinions
- Martin v. JonesSupreme Court of Alabama · 1958
- Roy v. O'NeillSupreme Court of Alabama · 1910
- Harduval v. Merchants' & Mechanics' Trust & Savings BankSupreme Court of Alabama · 1920
- Hayes v. BettsSupreme Court of Alabama · 1933
- De Loach v. WhiteSupreme Court of Alabama · 1919
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