Hatchett v. Blanton
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. H. Austill. The original bill in this case was filed, on the 13th December, 1875, by Mrs..
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. H. Austill. The original bill in this case was filed, on the 13th December, 1875, by Mrs.. Mary B. Blanton, as a creditor of the late partnership of Phillips '& Fariss, and its successor in business, Phillips, Fariss & Co., each of which firms conducted a mercantile business in the city of Montgomery; against Cyrus Phillips and Bobert C. Fariss, the surviving partners of the latter firm, said Phillips being also the sole surviving partner of tbe former; and against the children and heirs at law of "William B. Eariss,…
1Opinion of the Court
BBICKELL, O. J.
By the assignment to Stone and Warrren, the debts secured are divided into three classes. The first enumerated are the debts of the partnership of Phillips & Fariss, of which firm the assignor, Cyrus Phillips, is the survivor. The second are the debts of the partnership of Phillips, Fariss & Co., of which firm, Phillips, and the assignor, Bobert C. Fariss, are the survivors. The third are Phillips’ separate debts. Becit-ing that the assignors intend the property assigned and granted shall be appropriated to the payment of the secured debts as a court of equity would marshal and…
2Cases cited12 opinions
- Pratt v. AdamsNew York Court of Chancery · 1839
- Maury's Adm'r v. Mason's Adm'rSupreme Court of Alabama · 1838
- Andrews' Heirs v. Brown's Adm'rSupreme Court of Alabama · 1852
- Langdon v. Roane's Adm'rSupreme Court of Alabama · 1844
- McCrary v. SlaughterSupreme Court of Alabama · 1877
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3Cited by37 opinions
- Lowery v. MaySupreme Court of Alabama · 1925
- Alliance Milling Co. v. Eaton, Guinan & Co.Texas Supreme Court · 1894
- Robinson Bank v. MillerIllinois Supreme Court · 1894
- Reynolds v. CollinsSupreme Court of Alabama · 1884
- Goldthwaite v. JanneySupreme Court of Alabama · 1893
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