Ziegler v. Carter Bros. & Co.
Supreme Court of Alabama
Appear from the Chancery Court of Cullman. Heat d before the Hon. Tkos. Cobbs. The bill in this case was filed on the 4th November, 1887, by Mrs. Margaretta Ziegler, against Carter Brothers & Co. and other mercantile partnerships, judgment creditors of Christopher Scheuing, and sought to enjoin the sale, under execution, issued on the judgments in favor of the several defendants, of certain property, consisting of two town lots in Cullman and two small tracts of land in the…
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Appear from the Chancery Court of Cullman. Heat d before the Hon. Tkos. Cobbs. The bill in this case was filed on the 4th November, 1887, by Mrs. Margaretta Ziegler, against Carter Brothers & Co. and other mercantile partnerships, judgment creditors of Christopher Scheuing, and sought to enjoin the sale, under execution, issued on the judgments in favor of the several defendants, of certain property, consisting of two town lots in Cullman and two small tracts of land in the country, which the complainant claimed to have b'ought from said Scheuing, in good faith, and for valuable…
1Opinion of the CourtStone, C. J.
— That Scheuing’s failure in business was fraudulent — glaringly fraudulent — is very clearly manifest in the record before us. Mrs. Ziegler’s contention is, that she was a creditor of Scheuing in the sum of about six hundred and fifty dollars; that, in payment, she received from him real property valued at seven hundred dollars, paying the difference, fifty dollars, in money; and that seven hundred dollars was the reasonably fair market value of the property at the time she received it. The next day after this transaction with Mrs. Ziegler, Scheuing, by one sale in gross, sold all his…
2Cases cited7 opinions
- Crawford v. KirkseySupreme Court of Alabama · 1876
- Hodges Bros. v. Coleman & CarrollSupreme Court of Alabama · 1884
- Dollins & Adams v. Pollock & Co.Supreme Court of Alabama · 1889
- Gordon v. McIlwainSupreme Court of Alabama · 1886
- Tompkins v. Henderson & Co.Supreme Court of Alabama · 1887
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