Adair & Co. v. Feder
Supreme Court of Alabama
Appeal from the Chancery Court of Henry. Heard before the Hon. William L. Parks. The bill in this case was filed by the appellees as creditors of J. R. Adair & Co. The purpose of the bill and the farts of the case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion.
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Appeal from the Chancery Court of Henry. Heard before the Hon. William L. Parks. The bill in this case was filed by the appellees as creditors of J. R. Adair & Co. The purpose of the bill and the farts of the case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion. Upon the final submission of the cause upon the pleadings and proof, the. chancellor decreed that the complainant was entitled to the relief prayed for, and ordered accordingly. From this decree the defendants appeal, and assign the rendition thereof as error. The court erred…
1Opinion of the CourtSharpe, J.
Creditors of J. R. Adair & Co. seek by this bill to have annulled proceedings in certain attachment suits whereunder the goods of that firm were seized and sold, and to hold the plaintiffs in those suits to ac*622count as trustees in invitum for the proceeds of the goods. The alleged ground upon which the relief is sought is that the attachments were sued out in collusion with the debtors, without the existence of any statutory ground for such process and for the purpose of hindering, delaying or defrauding the complainants and other creditors.
Only the defendant Bank of Dothan filed an answer.…
2Cases cited6 opinions
- Elyton Land Co. v. Morgan & Co.Supreme Court of Alabama · 1889
- Tyson v. Decatur Land Co.Supreme Court of Alabama · 1898
- American Mortgage Co. v. InzerSupreme Court of Alabama · 1893
- Warren & Co. v. HuntSupreme Court of Alabama · 1896
- Johnson v. Common CouncilSupreme Court of Alabama · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Holloway v. Southern Building & Loan Ass'nSupreme Court of Alabama · 1902