Legal Opinion

Baker v. Gate City Coffin Co.

Supreme Court of Alabama

Decided April 24, 1919No. 5 Div. 720PublishedCited by 4 opinions

Appeal from Circuit Court, in Equity, Coosa County; S. L. Brewer, Judge. Bill by the Gate City Coffin Company and another against D. W. Baker and another. Decree for complainants, and respondent's appeal.

1Opinion of the CourtMcCLELLAN, J.

[1] The complainants are the Gate City Coffin Company and the King Hardware Company; the respondents are D. W. Baker and the Farmers’ & Merchants’ Bank. The original bill was filed June 27, 1916. Its theory was, and yet remains in one aspect of the alternative introduced by amendment, to cancel a mortgage executed by D. W. Baker to the Farmers’ & Merchants’ Bank on January 10, 1916, because fraudulent and void under the provisions of Code, § 4293. On August 24, 1916, the bill was amended with the view to having the said mortgage declared a general assignment in virtue of Code, § 4295. A…

2Cases cited3 opinions

  1. Dozier v. FarriorSupreme Court of Alabama · 1914
  2. Cooper v. Berney National BankSupreme Court of Alabama · 1892
  3. Ellis & Co. v. Mobile, J. & K. C. R. R.Supreme Court of Alabama · 1909

3Cited by4 opinions

  1. Huckabee v. StephensAlabama Court of Appeals · 1940
  2. W. T. Rawleigh Co. v. TimmermanSupreme Court of Alabama · 1920
  3. Lowery v. GreenSupreme Court of Alabama · 1919
  4. Hooton v. Central Soya Co. (In Re Hooton)United States Bankruptcy Court, N.D. Alabama · 1985

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