Gilkey v. Pollock Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Pickens, Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 15th August, 1882, by J. Pollock & Co., merchants and partners in trade doing business in the city of Mobile, as creditors of Walter M. Gilkey, against him and his wife, Wm.
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Appeal from the Chancery Court of Pickens, Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 15th August, 1882, by J. Pollock & Co., merchants and partners in trade doing business in the city of Mobile, as creditors of Walter M. Gilkey, against him and his wife, Wm. B. Stewart, and Charles McCarty ; and sought to set aside, on allegations of fraud and inadequacy of consideration, a conveyance of his entire stock of goods, notes, accounts, &o., by said W, M. Gilkey to Stewart, in trust for Mrs. Gilkey, and a subsequent transfer of the goods by Stewart to McCarty. The…
1Opinion of the CourtClopton, J.
- A material question .is, whether the profits and income of Mrs. Gilkey’s separate estate, as created by the statutes of Mississippi, which were received and appropriated to his own use by her husband, before and after their removal with the estate to this State, constitute a consideration sufficient to uphold, against his existing creditors, a conveyance of his property in payment therefor.
Mississippi was the matrimonial domicil; and under the laws, Mrs. Gilkey had a separate estate, consisting of real and personal property, which was converted into money in the latter part of 1871; and she…
2Cases cited8 opinions
- Castleman v. JeffriesSupreme Court of Alabama · 1877
- Early & Lane v. OwensSupreme Court of Alabama · 1880
- Wing v. RoswaldSupreme Court of Alabama · 1883
- Rogers v. BoydSupreme Court of Alabama · 1858
- Thomson v. HesterMississippi Supreme Court · 1878
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3Cited by3 opinions
- Burns v. ShapleyAlabama Court of Appeals · 1917
- Ruse v. BrombergSupreme Court of Alabama · 1889
- Fogarty v. NealCourt of Appeals of Kentucky · 1923