Warren v. Lee
Supreme Court of Alabama
[creditors’ bill to establish and enforce general assignment.] Appeal from the Chancery Court of Pike. Heard before the Hon. Wade Keyes. This bill was filed by Jeremiah Warren, the appellant, in behalf of himself and such other creditors of Jacob Pruitt as might come in and contribute to the expenses of the suit.
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[creditors’ bill to establish and enforce general assignment.] Appeal from the Chancery Court of Pike. Heard before the Hon. Wade Keyes. This bill was filed by Jeremiah Warren, the appellant, in behalf of himself and such other creditors of Jacob Pruitt as might come in and contribute to the expenses of the suit. It alleged, that on the 28th September, 1855, said Pruitt as principal, with Charles S. Lee and Thomas P. Larkins as sureties, executed their written obligation to one James M. Canthen, to indemnify him against liability for the debts of the late firm of Pruitt & Canthen, of which…
1Opinion of the CourtRice, C. J.
The main question is, whether the deed executed by Jacob Pruitt to the respondents, on the 29th day of September, 1855, a copy of which is set forth in “ exhibit B ” to the bill, is a general assignment, by which a preference or priority of payment is given to some of his creditors over all his other creditors. The facts averred in the answer are reconcilable with an affirmative response to that question, and with the allegations of the bill not denied or disproved in any manner whatever. Upon the facts thus averred, the “respondents submit, that whether said instrument is a general…
2Cited by8 opinions
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- Anniston Loan & Trust Co. v. Ward & Co.Supreme Court of Alabama · 1895
- Alexander v. ReaSupreme Court of Alabama · 1874
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