Marsh v. Elba Bank & Trust Co.
Supreme Court of Alabama
Appeal from Circuit Court, Coffee County; II. A. Pearce, Judge. Action by the' Elba Bank & Trust Company against the Mutual Life Insurance Company of New York, in which defendant filed an interpleader, bringing in Eva C. Marsh as a party. From a judgment in favor of the bank, the latter appeals. Under the interpleader all equitable defenses may be tried and all equitable titles are available.
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Appeal from Circuit Court, Coffee County; II. A. Pearce, Judge. Action by the' Elba Bank & Trust Company against the Mutual Life Insurance Company of New York, in which defendant filed an interpleader, bringing in Eva C. Marsh as a party. From a judgment in favor of the bank, the latter appeals. Under the interpleader all equitable defenses may be tried and all equitable titles are available. Sec. 6050, Code 1907; 168 Ala. 270, 53 South. 182. Under all facts and circumstances of the case, there was fraud available to the interpleader to nullify the transfer, and the court was in error in the…
1Opinion of the CourtBrown, J.
This is the third appeal in this case. The result of the second appeal, with a brief statement of the nature of the case and issues then before the court, will be found reported in 202 Ala. 401, 80 South. 374 (Elba Bank & Trust Co. v. Marsh). The first appeal involved questions not now pertinent. Marsh v. Mutual Life Ins. Co., 200 Ala. 438, 76 South. 370.
[1] The second appeal was from a judgment of the circuit court rendered on the 5th day of July, 1917. The effect of the reversal of that judgment by this court was to annul it in its entirety, and set aside all the rulings of the court on the…
2Cases cited11 opinions
- Nelson v. BrownSupreme Court of Alabama · 1910
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- Richter v. RichterSupreme Court of Alabama · 1913
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3Cited by35 opinions
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