Cox v. Birmingham Dry Goods Co.
Supreme Court of Alabama
Appeal from ihe Circuit Court of St. Clair. Tried before the Hon. George E. Brewer. This was a suit brought by the plaintiffs in usual form by summons and complaint against tlie defendants in the circuit court of St. Clair County, Alabama., on the 7th day of March, .1898, on au attachment bond in usual form executed by the defendants on the 15th day of December, 1897, and payable to the plaintiffs in the penal sum of three hundred and twenty-nine dollars, for the alleged…
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Appeal from ihe Circuit Court of St. Clair. Tried before the Hon. George E. Brewer. This was a suit brought by the plaintiffs in usual form by summons and complaint against tlie defendants in the circuit court of St. Clair County, Alabama., on the 7th day of March, .1898, on au attachment bond in usual form executed by the defendants on the 15th day of December, 1897, and payable to the plaintiffs in the penal sum of three hundred and twenty-nine dollars, for the alleged wrongful and vexatious suing out an. attachment by the 'said Birmingham Dry Goods Company, against the estate of…
1Opinion of the CourtSharpe, J.
Action by the appellants against the appellees upon an attachment bond.
According to the agreement embodied in the abstract, the only question presented to this co'urt for descision is, whether, under the facts and evidence stated in the abstract, appellants have fraudulently disposed of their property, that being the only ground relied upon by appellees to justify the suing out of the attachment.
It is well settled that the conveyance by a debtor of his homestead is not fraudulent as to creditors who *324could not have subjected 'it by legal process to the payment of debts, for the reason that…
2Cases cited8 opinions
- Kennedy v. First National BankSupreme Court of Alabama · 1894
- Hodges v. WinstonSupreme Court of Alabama · 1891
- Booker v. JonesSupreme Court of Alabama · 1876
- Fuller v. WhitlockSupreme Court of Alabama · 1892
- Grant v. SteinerSupreme Court of Alabama · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Manchuria S. S. Co. v. Harry G. G. Donald & Co.Supreme Court of Alabama · 1917
- People's Bank v. Barrow WigginsSupreme Court of Alabama · 1922
- Kimball v. Cunningham Hardware Co.Supreme Court of Alabama · 1915
- In re Dancy Hardware & Furniture Co.District Court, N.D. Alabama · 1912
- Mitchell v. ConwaySupreme Court of Alabama · 1952
4 more not listed; retrieve them via the Exa API.