Lehman, Durr & Co. v. Kelly & Bro.
Supreme Court of Alabama
Appeal from tbe Circuit Court of Henry. Tried before the Hon. H. D. Clayton. Tbe appellants in this case obtained a judgment in said Circuit Court, on the 9fch March, 1876, against Henry Weeh-sler, for $881.25, besides costs; and an execution issued on this judgment was levied by the sheriff, on tbe 29tb March, 1876, on a stock of goods, consisting of hardware, dry-goods, groceries, &e., in the possession of M. W. Kelly.
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Appeal from tbe Circuit Court of Henry. Tried before the Hon. H. D. Clayton. Tbe appellants in this case obtained a judgment in said Circuit Court, on the 9fch March, 1876, against Henry Weeh-sler, for $881.25, besides costs; and an execution issued on this judgment was levied by the sheriff, on tbe 29tb March, 1876, on a stock of goods, consisting of hardware, dry-goods, groceries, &e., in the possession of M. W. Kelly. A claim to the goods was thereupon interposed by M. W. Kelly & Brother, a partnership composed of M. W. and John R. Kelly, and bond given for a trial of the right of…
1Opinion of the CourtStone, J.
In Crawford v. Kirksey (55 Ala. 282, 293), speaking of sales upon a new consideration, and not in payment of a debt, we, after mature consideration, announced the following proposition : “If the seller be insolvent, or in failing circumstances, and. the purchaser knows, or is in pos-sesion .of information reasonably calculated to stimulate *200inquiry, and which, if followed up, would lead to the discovery that the purpose of the seller is to put his property beyond reach, or otherwise to delay, hinder or defraud his creditors; then, a purchase under these circumstances, though Ml consideration…
2Cases cited3 opinions
- Crawford v. KirkseySupreme Court of Alabama · 1876
- Bond v. WardMassachusetts Supreme Judicial Court · 1810
- Borland v. MayoSupreme Court of Alabama · 1845
3Cited by40 opinions
- Hodges Bros. v. Coleman & CarrollSupreme Court of Alabama · 1884
- Birmingham Union Railway Co. v. HaleSupreme Court of Alabama · 1890
- Smith v. MottleyCourt of Appeals for the Sixth Circuit · 1906
- Manchuria S. S. Co. v. Harry G. G. Donald & Co.Supreme Court of Alabama · 1917
- Levy & Co. v. WilliamsSupreme Court of Alabama · 1885
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