Seals v. Pheiffer & Co.
Supreme Court of Alabama
Bill in Equity by Creditors to'set aside Fraudulent Conveyance. Appeal from the Chancery Court of Pike. Heard before the Hon. John. A. Foster.
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Bill in Equity by Creditors to'set aside Fraudulent Conveyance. Appeal from the Chancery Court of Pike. Heard before the Hon. John. A. Foster. The original bill in this case was filed on the 21st September, 1882, by Pheiffer & Co., merchants and partners doing business in the city of New- York, and several other creditors' of S. J. Seals, deceased, who was, at the time of his death, or á short time before, engaged in business as a merchant in the town of Troy in said county of Pike ; against Mrs. II. C. Seals, the widow, and , the several minor children of said decedent, and against W. Á.…
1Opinion of the CourtClopton, J.
The courts have generally recognized the impracticability of establishing any positive, definite or inflexible rule, by which to determine the question of multifariousness. Much discretion is necessarily left with the chancellor in deciding on the circumstances of each case, —not an arbitrary discretion, but to be governed by settled principles of equity pleading. The court endeavors, to adopt such course as “will best promote the due administration of justice, without multiplying unnecessary litigation on the one hand, or drawing suitors into needless and oppressive expenses on the other.”…
2Cases cited6 opinions
- Kennedy's Heirs v. Kennedy's HeirsSupreme Court of Alabama · 1841
- Spoor v. PhillipsSupreme Court of Alabama · 1855
- Abernathy v. BankheadSupreme Court of Alabama · 1881
- Meacham v. WilliamsSupreme Court of Alabama · 1846
- Waller v. TaylorSupreme Court of Alabama · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Powers v. AndrewsSupreme Court of Alabama · 1887
- Whiteman v. TaberSupreme Court of Alabama · 1919
- Prichard v. SweeneySupreme Court of Alabama · 1895
- Tutwiler v. Tuskaloosa Coal, Iron & Land Co.Supreme Court of Alabama · 1889
- Harland v. PersonSupreme Court of Alabama · 1890
6 more not listed; retrieve them via the Exa API.