Stetson & Co. v. Miller
Supreme Court of Alabama
Appeal from the Chancery Court at Tuskaloosa. Heard before the Hon. James B. Clark. The bill in this case was Sled by the appellants, as judgment creditors of Thomas Miller, against said Thomas Miller and one James H. Bearing; and sought relief against a deed of trust, executed by said Miller on the 21st September, ■ 1854, by which he conveyed his entire stock of merchandise, his store-house, and residence in the city of Tuskaloosa, to said Dealing as trustee, for the…
Read the full summary
Appeal from the Chancery Court at Tuskaloosa. Heard before the Hon. James B. Clark. The bill in this case was Sled by the appellants, as judgment creditors of Thomas Miller, against said Thomas Miller and one James H. Bearing; and sought relief against a deed of trust, executed by said Miller on the 21st September, ■ 1854, by which he conveyed his entire stock of merchandise, his store-house, and residence in the city of Tuskaloosa, to said Dealing as trustee, for the benefit of certain specified creditors, whose debts amounted in the aggregate to nearly $8,000, and were either past due or…
1Opinion of the CourtStone, J.
When this case was before in this court, (32 Ala. 161,) we said: “We have examined all the objections urged against the validity of thesuleed exhibited with the bill; and we are fully convinced^ and therefore decide, that there is nothing on its face which . renders it void as to the complainants, or authorizes any court to declare it void as to them.”
This case, as presented on the final trial in the pleadings and proof, presents but few features worthy of remark, which were not presented on the former trial in this court.
First: There was some delay, and there were some postponements in…
2Cases cited4 opinions
- Abercrombie v. BradfordSupreme Court of Alabama · 1849
- Dubose v. DuboseSupreme Court of Alabama · 1845
- Doe ex dem. Shackelford v. Planters' & Merchants' Bank of MobileSupreme Court of Alabama · 1853
- Miller v. Stetson & Co.Supreme Court of Alabama · 1858
3Cited by7 opinions
- Rapier v. Gulf City Paper Co.Supreme Court of Alabama · 1879
- Campbell v. Colorado Coal & Iron Co.Supreme Court of Colorado · 1885
- Perry Insurance & Trust Co. v. FosterSupreme Court of Alabama · 1877
- Shirley v. TealSupreme Court of Alabama · 1880
- England & Lee v. Reynolds, Devoe & Co.Supreme Court of Alabama · 1862
2 more not listed; retrieve them via the Exa API.