Kirby v. Raynes
Supreme Court of Alabama
Appeal from the Chancery Court of Marshall. Heard before the Hon. William H. Simpson. The bill in this case was filed, by the appellees, J. Frank Raynes and John W. Hodge, engaged in the mercantile business as partners under the partnership name of Raynes & Hodge, against Frank M. Kirby and his wife, Lizzie Kirby, and Charles Webb and Thos. E. Morgan.
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Appeal from the Chancery Court of Marshall. Heard before the Hon. William H. Simpson. The bill in this case was filed, by the appellees, J. Frank Raynes and John W. Hodge, engaged in the mercantile business as partners under the partnership name of Raynes & Hodge, against Frank M. Kirby and his wife, Lizzie Kirby, and Charles Webb and Thos. E. Morgan. Ifc was averred in the bill that on April 3, 1897, the defendant, Frank M. Kirby, being indebted to the complainants on account of goods, wares and merchandise, executed to the complainants a promissory note evidencing said indebtedness, and…
1Opinion of the CourtHaralson, J.
What claim the defendants, Webb and Morgan, have in this case as creditors of the defendants has not been shown. It does not appear that they are the owners of the land embraced in the mortgage here sought to be foreclosed, by conveyance executed by the defendants to them, nor that they have a mortgage or other incumbrance on it, superior to the mortgage of complainants. It is true, reference is made, incidentally in the evidence, to a sale by defendants to them, but when it occurred is not shown, nor whether the sale, if made, was ever executed. So that, if they are creditors of defendants,…
2Cases cited7 opinions
- Lovelace v. WebbSupreme Court of Alabama · 1878
- Collier v. FaulkSupreme Court of Alabama · 1881
- Wilkerson v. TillmanSupreme Court of Alabama · 1880
- Clark v. ColbertSupreme Court of Alabama · 1880
- Glover v. WalkerSupreme Court of Alabama · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Manchuria S. S. Co. v. Harry G. G. Donald & Co.Supreme Court of Alabama · 1917
- In re Grocers' Baking Co.District Court, N.D. Alabama · 1920
- Carter v. CarterSupreme Court of Alabama · 1968
- Nolen v. FarrowSupreme Court of Alabama · 1907
- Bynon v. Citizens' BankSupreme Court of Alabama · 1930