Jones v. McPhillips
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. John A. Foster. The original bill in this case was filed on the 9th July, 1884, by James McPhillips and others, depositors, and creditors of the Bank of Mobile, on behalf of themselves and other creditors, against the said bank as a corporation, and against Winston Jones as trustee, or assignee, in a deed of assignment executed to him by said bank, on the 8th July, 1884, for the benefit of its creditors; and…
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Appeal from the Chancery Court of Mobile. Heard before the Hon. John A. Foster. The original bill in this case was filed on the 9th July, 1884, by James McPhillips and others, depositors, and creditors of the Bank of Mobile, on behalf of themselves and other creditors, against the said bank as a corporation, and against Winston Jones as trustee, or assignee, in a deed of assignment executed to him by said bank, on the 8th July, 1884, for the benefit of its creditors; and sought to remove the assignee, to have a receiver appointed, and the trust administered and settled under the orders of the…
1Opinion of the CourtStone, C. J.
— This cause was before us at a former term. — Jones v. McPhillips, 77 Ala. 314. It was before us then on the demurrer to the original bill for want of equity) and the chancellor’s ruling thereon, overruling the demurrer, and taking jurisdiction of the trust. Accompanying the original bill, and made also a part of its prayer, was an application to the Chancery Court to remove Jones as assignee, and to place the trust and its administration in the hands of a receiver. This part of the prayer was denied by the chancellor, and, as we have said, he overruled the demurrer to the bill, and made a…
2Cases cited26 opinions
- Daniels v. TearneySupreme Court of the United States · 1880
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- Goodman v. WinterSupreme Court of Alabama · 1879
- Lee v. TillotsonNew York Supreme Court · 1840
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3Cited by15 opinions
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