Miller v. Lehman, Durr & Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Lowndes. Heard before the Hon. John A. Poster. The bill in this case was filed on the 12th November, 1888, by Lehman, Durr & Co. and Aaron Eichards, as creditors of Charles L. Miller, against him and his two brothers, J. B. Miller and P.' B. Miller; and sought to set aside, on the ground of fraud, a conveyance of a stock of goods and other property, executed by said C. L. Miller to his brothers on the 8th November, 1888, and to subject the…
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Appeal from the Chancery Court of Lowndes. Heard before the Hon. John A. Poster. The bill in this case was filed on the 12th November, 1888, by Lehman, Durr & Co. and Aaron Eichards, as creditors of Charles L. Miller, against him and his two brothers, J. B. Miller and P.' B. Miller; and sought to set aside, on the ground of fraud, a conveyance of a stock of goods and other property, executed by said C. L. Miller to his brothers on the 8th November, 1888, and to subject the property to the satisfaction of the complainants’ debts. Attached to the bill was a petition, addressed to the register,…
1Opinion of the CourtSomerville, J.
The motion to dismiss the bill for want of equity clearly had no merit, and was properly overruled. The bill distinctly alleges the existence of a debt due by the defendant, C. L. Miller, to the complainants, and its amount, with the consideration upon which it is based. It further avers the insolvency of said Miller, and the transfer by him of a stock of goods, and other property, to his co-defendants, who are his brothers, and that this transfer was made without any valuable consideration, or on a mere simulated consideration, in secret trust for the benefit of the grantor, and with intent…
2Cases cited2 opinions
- Mansony v. United States BankSupreme Court of Alabama · 1843
- Siney v. New York Consolidated Stage Co.New York Supreme Court · 1865
3Cited by12 opinions
- Wabash Railroad v. DykemanIndiana Supreme Court · 1892
- Pagett v. BrooksSupreme Court of Alabama · 1903
- Freider v. Lienkauff & StraussSupreme Court of Alabama · 1890
- Albritton v. Lott-Blackshear Commission Co.Supreme Court of Alabama · 1910
- Preuit v. WallaceSupreme Court of Alabama · 1939
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