Pollock & Co. v. Hill
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. Charles Turner. The bill in this cause was filed on the 24th of April, 1879, by H. L. Hill, as the assignee in bankruptcy of D. F. Constantine, the appellee, against J. Pollock & Co., the appellants, to have delivered up and cancelled a deed executed by the bankrupt on the 2d of March, 1878, and during the pendency of proceedings in bankruptcy, against him, conveying to the appellants certain real estate situate in…
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Appeal from Jefferson Chancery Court. Heard before Hon. Charles Turner. The bill in this cause was filed on the 24th of April, 1879, by H. L. Hill, as the assignee in bankruptcy of D. F. Constantine, the appellee, against J. Pollock & Co., the appellants, to have delivered up and cancelled a deed executed by the bankrupt on the 2d of March, 1878, and during the pendency of proceedings in bankruptcy, against him, conveying to the appellants certain real estate situate in Birmingham. It is shown by the averments of the bill and exhibits thereto, and also by the proof, that on the 23d of…
1Opinion of the CourtSomerville, J.
Prior to the adoption of the Revised Statutes of the United States, which was on June 22d, 1874, the chancery courts of this State had jurisdiction to entertain a bill filed by an assignee in bankruptcy, to assail and set aside transfers of property made by the bankrupt, in fraud of the rights of his creditors, or in fraud of the assignee as their trustee or fiduciary representative. — Barnard v. Davis, 54 Ala. 565; Bradley v. Hunter, 50 Ala. 265; Claflin v. Houseman, 93 U. S. 130; Cook v. Whipple, 14 Amer. Rep. 202 [S. C. 55 N. Y. 150].
Since the adoption of these statutes, however, and the…
2Cases cited8 opinions
- Claflin v. HousemanSupreme Court of the United States · 1876
- Cook v. . WhippleNew York Court of Appeals · 1873
- Barnard v. DavisSupreme Court of Alabama · 1875
- Olcott v. . MacLeanNew York Court of Appeals · 1878
- Dodd v. HammockSupreme Court of Georgia · 1877
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3Cited by1 opinion
- Porter v. HughesSupreme Court of Alabama · 1916