Burnwell Coal Co. v. Setzer
Supreme Court of Alabama
Api>eal from Circuit Court, Walker County; J. J. Curtis, Judge. ' Bill by Kuss Setzer as administrator, against the Burnwell Coal Company and others, to set aside a conveyance as fraud on creditors. Decree for complainant, and respondents appeal.
1Opinion of the CourtAnderson, C. J.
(It must be borne in mind, in order to properly understand this opinion, that, while there is quite an identity in name, the “Burnwell Coal Company” and the “Burnwell Coal Mining Company” .are separate and distinct corporations.)
[1-3] The bill as last amended is in the alternative and seeks: First, to declare the conveyances in question a general assignment under section 4295 of the Code of 1907; or, second, to have the same declared fraudulent and void as to the complainant and existing creditors. The conveyances were not preferences to an existing creditor or creditors so as to operate as a…
2Cases cited16 opinions
- Northern Pacific Railway Co. v. BoydSupreme Court of the United States · 1913
- Louisville Trust Co. v. Louisville, New Albany & Chicago Railway Co.Supreme Court of the United States · 1899
- Crawford v. KirkseySupreme Court of Alabama · 1876
- Marks v. CowlesSupreme Court of Alabama · 1878
- Yeend v. WeeksSupreme Court of Alabama · 1893
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- Colby v. McClendonCourt of Appeals of Texas · 1938
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