Gilreath v. Union Bank & Trust Co.
Supreme Court of Alabama
Appeal from tbe Chancery Court of Jefferson Heard before tbe Hon. John C. Carmichael. The bill in this case alleges that tbe property -.conveyed by Belton Gilbreath to bis wife Julia and by her to tbe Gilbreath Coal and Iron Co. was in reality tbe property of Belton Gilbreath; that tbe pretended corporation was conceived in fraud and for tbe purpose of changing tbe title to the said property so as to remove it beyond tbe reach of tbe creditors of Belton Gilreath; that this…
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Appeal from tbe Chancery Court of Jefferson Heard before tbe Hon. John C. Carmichael. The bill in this case alleges that tbe property -.conveyed by Belton Gilbreath to bis wife Julia and by her to tbe Gilbreath Coal and Iron Co. was in reality tbe property of Belton Gilbreath; that tbe pretended corporation was conceived in fraud and for tbe purpose of changing tbe title to the said property so as to remove it beyond tbe reach of tbe creditors of Belton Gilreath; that this purpose appeared from tbe fact, among others, that all tbe shares of tbe company were in the name of Julia M. Gilreath,…
1Opinion of the CourtDowdell, J.
— The appeal in this case is taken from the order of the chancellor appointing a receiver of the Gilreath Coal and Iron Company, without notice to said defendant corporation or any of the other defendants. ' The appointment was made upon the bill. *207which was sworn to by one of the solicitors for the complainant. No other affidavit was submitted1 in-support of the application for a receiver.
The bill was filed by the Union Bank and Trust Company as a judgment creditor of Belton Gilreath,- one of the respondents. The manifest purpose of the bill is to have vacated and annulled the conveyance by…
2Cases cited13 opinions
- Verplanck v. Mercantile InsuranceNew York Court of Chancery · 1831
- Bank of Florence v. United States Savings & Loan Co.Supreme Court of Alabama · 1893
- Ashurst v. Lehman, Durr & Co.Supreme Court of Alabama · 1888
- Dollins & Co. v. Lindsey & Co.Supreme Court of Alabama · 1889
- Moritz & Weil v. Miller, Schram & Co.Supreme Court of Alabama · 1888
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3Cited by5 opinions
- Hayes v. Jasper Land Co.Supreme Court of Alabama · 1906
- McDermott v. HalliburtonSupreme Court of Alabama · 1929
- Bell v. GoodwinSupreme Court of Alabama · 1929
- Meyer v. ThomasSupreme Court of Alabama · 1901
- Ensley Development Co. v. PowellSupreme Court of Alabama · 1906