Alabama Lime & Stone Co. v. Adams

On the former appeal (221 Ala. 10, 127 So. 544, 547) a number of defects in the present appellant’s bill as it then was were pointed out. It was in the bill in its original form averred that Adams, the present appellee, was insolvent. This averment we understand to intend insolvency in its general and popular meaning as denoting that appellee’s entire property and assets, if converted into money without unreasonable haste .or sacrifice, would be insufficient to pay his debts. 32 Corpus Juris, 805. The precise form of averment was; “That a judgment or decree against said John II. Adams for the…