Perkins, Livingston & Post v. Brierfield Iron & Coal Co.
Supreme Court of Alabama
jBill in Equity ly Jxtdgm.ent Creditors, to set aside Mortgage, or have it declared General Assignment, and for Sale of Property. Appeal from the Chancery Court of Bibb. Heard before the Hon. Thomas Cobbs.
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jBill in Equity ly Jxtdgm.ent Creditors, to set aside Mortgage, or have it declared General Assignment, and for Sale of Property. Appeal from the Chancery Court of Bibb. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 25th September, 1883, by Perkins, Livingston & Post, late partners carrying on a mercantile business in the city of New York, and J. F. Johnston, as complainants, claiming to be judgment creditors of the Brierfield Iron Works Company, a private corporation organized under the laws of this State, against the said corporation, and several other persons…
1Opinion of the CourtClopton, J.
We find in the record a demurrer to the bill, filed February 6th, 1884, by the Brierfield Iron and Coal Company and Caswell C. Huckabee; but, as it appears that, at that time, there was a decree pro confesso against Huckabee, which was subsequently set aside, and thereafter a separate de*408murrer filed by him, and as the decree from which the appeal is taken appears to have been on the separate demurrer, we shall restrict our consideration to the grounds of the demurrer filed after the decree pro confesso was set aside; assuming that the first was abandoned, or not insisted on, having been…
2Cases cited7 opinions
- Massingill v. DownsSupreme Court of the United States · 1849
- Lawson v. Alabama Warehouse Co.Supreme Court of Alabama · 1882
- Carlisle v. GodwinSupreme Court of Alabama · 1880
- Dane v. McArthurSupreme Court of Alabama · 1876
- Gamble v. FowlerSupreme Court of Alabama · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Turnipseed v. BlanSupreme Court of Alabama · 1933
- Chaney v. Burford Lumber Co.Supreme Court of Alabama · 1902
- Roy v. AbrahamSupreme Court of Alabama · 1922
- Quill v. Carolina Portland Cement Co.Supreme Court of Alabama · 1929
16 more not listed; retrieve them via the Exa API.