Saunders v. Cavett
Supreme Court of Alabama
Appeal from the Chancery Court of Perry. Heard before the Hon. James B. Clark. The bill in this case was filed by Green B. Saunders-, against James B. Cavett and William L. Saunders, as partners composing the firm of Cavett & Saunders, together with W. M. Conner, W. McD. Conner, and others.
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Appeal from the Chancery Court of Perry. Heard before the Hon. James B. Clark. The bill in this case was filed by Green B. Saunders-, against James B. Cavett and William L. Saunders, as partners composing the firm of Cavett & Saunders, together with W. M. Conner, W. McD. Conner, and others. Its object was to set aside, as fraudulent, a deed by which said Cavett & Saunders conveyed all their stock of goods, &c., to said W. M. Conner; and to have the goods &c. sold, and the proceeds of sale applied to the payment of certain bills of exchange, on which the complainant was, as he alleged, an…
1Opinion of the CourtStone, J.
The answers of the defendants fully and emphatically negative all fraud charged upon them, in the matter of the sale to, and purchase by them, of the goods and effects which-were affected by the interlocutory injunction. The gravamen of. the complainant’s bill — the peculiar ground on which he rests his right to have these goods and effects seized, and the defendants restrained from disposing of them — is the alleged fraud in the sale from Cavett & Saunders to the Conners. This being denied, the injunction was rightly, dissolved for that reason, if for no other.
[2.] But it is our duty to…
2Cases cited11 opinions
- Wiggins v. ArmstrongNew York Court of Chancery · 1816
- Walthall's Ex'rs v. Rives, Battle & Co.Supreme Court of Alabama · 1859
- Sanders v. WatsonSupreme Court of Alabama · 1848
- Calhoun v. CozensSupreme Court of Alabama · 1842
- Kirksey v. FikeSupreme Court of Alabama · 1855
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3Cited by4 opinions
- Weems v. WeemsSupreme Court of Alabama · 1882
- Ware v. Seasongood, Menderson & Co.Supreme Court of Alabama · 1890
- Yonge v. ShepperdSupreme Court of Alabama · 1870
- Garrett v. LynchSupreme Court of Alabama · 1870