Wylly-Gabbett Co. v. Williams
Supreme Court of Florida
This case was decided by Division B. Appeal from the Circuit Court for Levy County. STATEMENT. The Wylly-Gabbett Company, a corporation of the state of Georgia, empowered by its charter of incorporation to engage in the manufacture and sale of lumber and to own, buy and sell timber and timber lands, and to construct, own apd operate saw mills and railways in connection therewith, and to mortgage its property, on the 8th day of August, 1904, executed the following instrument…
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This case was decided by Division B. Appeal from the Circuit Court for Levy County. STATEMENT. The Wylly-Gabbett Company, a corporation of the state of Georgia, empowered by its charter of incorporation to engage in the manufacture and sale of lumber and to own, buy and sell timber and timber lands, and to construct, own apd operate saw mills and railways in connection therewith, and to mortgage its property, on the 8th day of August, 1904, executed the following instrument to George W. Owens and C. L. Hjeller, as trustees,which was promptly filed for record and duly recorded in the office of…
1Opinion of the CourtTaylor, J.
(after stating the facts) : From the answers of the defendants in this cause and the testimony reported we are of the opinion that the complainants have failed to make out any case of actual fraud or fraudulent intent in the execution of the mortgage by the Wylly-Gabbett Company to George W. Owens, as trustee for the creditors named therein; on the contrary, we think that the case shown by the testimony is that the said instrument was made by the grantors therein in good faith to secure a large and hona, fide indebtedness due by them to their largest creditors, and for the purpose óf raising…
2Cases cited41 opinions
- Preston v. SpauldingIllinois Supreme Court · 1887
- Crow v. BeardsleySupreme Court of Missouri · 1878
- Shear v. RobinsonSupreme Court of Florida · 1881
- Cadwell's Bank v. CrittendenSupreme Court of Iowa · 1885
- Thompson v. MarshallOregon Supreme Court · 1891
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