Gay, Hardie & Co. v. Brierfield Coal & Iron Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Jefferson. Heard before the Hon. Ti-iomas Cobbs. The facts averred in the original bill are fully stated in the report of this case on the former appeal. — 94 Ala. 303. After the remandment of the cause, the complainants amended their bill by averments that after the filing of the original bill the property of the Brierfleld Coal & Iron Company described in the mortgage and deed of further assurance, had been sold under the decree of the…
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Appeal from the Chancery Court of Jefferson. Heard before the Hon. Ti-iomas Cobbs. The facts averred in the original bill are fully stated in the report of this case on the former appeal. — 94 Ala. 303. After the remandment of the cause, the complainants amended their bill by averments that after the filing of the original bill the property of the Brierfleld Coal & Iron Company described in the mortgage and deed of further assurance, had been sold under the decree of the federal court, a deed executed therefor, and the purchaser put into possession. The bill was also amended by making Thomas…
1Per curiam
— When this cause was before this court at a former term, (Gay, Hardie & Co. v. Brierfield Coal & I. Co., 94 Ala. 303), there was a very elaborate discussion of all the questions now involved in the demurrer of the appellant, the Brierfield Coal & Iron Company, and the pleas of the appellant Chambers. The result and effect of the decision then made seem fully and clearly summarized in the first head-note of the reporter: “The pendency of a suit in a Federal Circuit Court, against an insolvent corporation and its mortgage bondholders, under a bill filed by the trustee in the mortgage and deed…
2Cases cited6 opinions
- Hollins v. Brierfield Coal & Iron Co.Supreme Court of the United States · 1893
- Gay, Hardie & Co. v. Brierfield Coal & Iron Co.Supreme Court of Alabama · 1891
- Harwell v. Lehman, Durr & Co.Supreme Court of Alabama · 1882
- Lewis v. ElrodSupreme Court of Alabama · 1861
- Waddell v. Lanier & HopkinsSupreme Court of Alabama · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Railroad Commission v. Palmer Hardware Co.Supreme Court of Georgia · 1906
- Tri-State Corp. v. State Ex Rel. GallionSupreme Court of Alabama · 1961
- Wilder v. CrookSupreme Court of Alabama · 1948
- Ex Parte Fairfield-American Nat. BankSupreme Court of Alabama · 1931
- First Nat. Bank of Birmingham v. JohnsonSupreme Court of Alabama · 1933
6 more not listed; retrieve them via the Exa API.