Sparks v. Weatherly
Supreme Court of Alabama
Appeal from Calhoun Chancery Court. Heard before Hon. W. W. Whiteside. Bill by W. H. Weatherly, as trustee in bankruptcy of D. M. Sparks, a bankrupt, against H. O. Sparks, to reach and sell land for the satisfaction of the debts of the bankrupt. From a decree for complainant, defendant appeals.
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Appeal from Calhoun Chancery Court. Heard before Hon. W. W. Whiteside. Bill by W. H. Weatherly, as trustee in bankruptcy of D. M. Sparks, a bankrupt, against H. O. Sparks, to reach and sell land for the satisfaction of the debts of the bankrupt. From a decree for complainant, defendant appeals. The bill alleges the appointment and qualification of complainant as trustee of the bankrupt estate of D. M. Sparks and permission from the referee in bankruptcy to prosecute tliis suit, attaching the different appointments and commissions as exhibits to the bill. The bill then sets forth the property…
1Opinion of the CourtSayre, J.
The bill in this case was filed by appellee as trustee in bankruptcy of the estate of D. M. Sparks, a bankrupt, and sought to condemn to the satisfaction of the provable debts of the bankrupt a certain parcel of land which had been conveyed by the bankrupt to appellant more than two years, as the bill shows, before the adjudication of bankruptcy. No charge of fraud is brought against the conveyance. Complainant, has proceeded against the property as property not in the custody of the bankruptcy court — that is, as property adversely held — and seeks relief upon the theory that by the conjoint…
2Cases cited5 opinions
- York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
- Chaney v. Burford Lumber Co.Supreme Court of Alabama · 1902
- In re BazemoreDistrict Court, N.D. Alabama · 1911
- Decatur Charcoal Chemical Works v. MosesSupreme Court of Alabama · 1889
- In re LausmanDistrict Court, W.D. Kentucky · 1910
3Cited by11 opinions
- Lewin v. Telluride Iron Works Co.Court of Appeals for the Eighth Circuit · 1921
- Clark v. SnellingCourt of Appeals for the First Circuit · 1913
- Southern Dairies, Inc. v. BanksCourt of Appeals for the Fourth Circuit · 1937
- Neuberger v. FelisSupreme Court of Alabama · 1919
- Cowan v. StaggsSupreme Court of Alabama · 1912
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