Metcalf v. Arnold
Supreme Court of Alabama
Appeal from Montgomery Chancery Court. Heard, before Hon. W. L. Parks. The bill was filed by tbe appellees against appellants, and sought to set aside certain transfers and conveyances made by H. B. Metcalf and F. Gr.
Read the full summary
Appeal from Montgomery Chancery Court. Heard, before Hon. W. L. Parks. The bill was filed by tbe appellees against appellants, and sought to set aside certain transfers and conveyances made by H. B. Metcalf and F. Gr. Weatherly, composing a partnership, as being in 'fraud of the rights of complainants, partnership creditors, and to subject the property conveyed to the payment of complainant’s debts. ■ The report of this case on the former appeal (110 Ala. 180) fully shows the nature and purpose of the bill as originally filed. After the remandment of the cause certain simple contract…
1Opinion of the CourtSharpe, J.
— On a former appeal the bill as originally filed in this case was upheld as against a demurrer, and was defined to be “a bill by a judgment creditor, seeking the aid of a court of equity to remove obstacles and hindrances to the enforcement of their judgments which the judgment debtors have fraudulently interposed.” See Metcalf v. Arnold, 110 Ala. 180. As the bill then stood its equity rested on grounds -for raising a constructive trust in property of a mercantile partnership upon an alleged fraudulent disposition of it to a newly formed corporation in payment for shares of its capital stock…
2Cases cited10 opinions
- Lehman v. MeyerSupreme Court of Alabama · 1880
- Pritchett v. Pollock & Co.Supreme Court of Alabama · 1886
- Smith v. Collins & GriffithSupreme Court of Alabama · 1891
- Goldsmith v. Eichold Bros. & WeissSupreme Court of Alabama · 1891
- Groetter, Weil & Co. v. Norman Bros.Supreme Court of Alabama · 1894
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- First Nat. Bank of Birmingham v. LoveSupreme Court of Alabama · 1936
- Gurley v. RobertsonSupreme Court of Alabama · 1912
- Chicago Grain Door Co. v. Chicago, B. & Q. R. Co.U.S. Circuit Court for the Northern District of Illnois · 1905
- Morris & Co. v. BartonSupreme Court of Alabama · 1912
- Wade v. Brantley & Crawley Const. Co.Supreme Court of Alabama · 1935
3 more not listed; retrieve them via the Exa API.