McDermott v. Eborn
Supreme Court of Alabama
Arpear from the City Court of Birmingham, in equity. Heard before the Hon. H. A. Sharpe. The bill in this case was filed on the 15th September, 1886, by Tilomas McDermott and others, as creditors of Benj. F. Eborn, against him and the Jefferson County Savings Bank; and sought to set aside, as fraudulent, a conveyance of his stock of goods by Eborn to said bank, and to subject the property to the satisfaction of complainants’ several debts against him.
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Arpear from the City Court of Birmingham, in equity. Heard before the Hon. H. A. Sharpe. The bill in this case was filed on the 15th September, 1886, by Tilomas McDermott and others, as creditors of Benj. F. Eborn, against him and the Jefferson County Savings Bank; and sought to set aside, as fraudulent, a conveyance of his stock of goods by Eborn to said bank, and to subject the property to the satisfaction of complainants’ several debts against him. The conveyance to the bank was dated June 7th, 1886, and was in form an absolute bill of sale, reciting the present payment of $1,500' as its…
1Opinion of the CourtSomebyille, J.
Section 1730 of the present Code of Alabama (1886), corresponding to section 2120 of the Code of 1876, provides that “all deeds of gift, all conveyances, transfers and assignments, verbal or written, of goods, chattels, or things in action, made in trust for the use of the person making the same, are void against creditors, existing or subsequent, of such person.”
In the case of Benedict v. Renfro, 75 Ala. 121; s. c., 51 Amer. Rep. 429, and again in Murray v. McNealy, 86 Ala. 234, we had occasion to discuss at some length, in connection *260with the above section of the Code, the subject of…
2Cases cited12 opinions
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- Benedict, Hall & Co. v. Renfro Bros.Supreme Court of Alabama · 1883
- Fash v. RavesiesSupreme Court of Alabama · 1858
- Smith v. Vodges, AssigneeSupreme Court of the United States · 1876
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