Troy Fertilizer Co. v. Norman
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John R. Tyson. The appellant, The Troy Fertilizer Co., as creditors, sued out a writ of attachment against William L. Norman and George W. Norman, partners doing business under the firm name of Norman Brothers. The ground of the attachment was that the stock of goods owned by Norman Brothers, had been fraudulently transferred by them to Elizabeth A. Norman.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John R. Tyson. The appellant, The Troy Fertilizer Co., as creditors, sued out a writ of attachment against William L. Norman and George W. Norman, partners doing business under the firm name of Norman Brothers. The ground of the attachment was that the stock of goods owned by Norman Brothers, had been fraudulently transferred by them to Elizabeth A. Norman. Upon the levy of the attachment on said stock of goods, Elizabeth A. Norman instituted a claim to said goods by the making of proper affidavit and bond. Upon the…
1Opinion of the CourtHaralson, J.
1. There was no error in allowing *680claimant to testify, that she did not buy the claims which were in the hands of Lehman, Durr & Co., at the time of the execution of the bill of sale. That testimony had reference to the consideration of the deed, which consideration, as between her- and a creditor attacking the deed for fraud, she had a right to explain by parol, or even vary — by showing it was greater or less, if it was greater or less, if it was not of a different kind from that expressed. — Pique v. Arendale, 71 Ala. 95; Coleman v. Pike County, 83 Ala. 326 ; Lehman v. Howze, 73 Ala. 303;…
2Cases cited7 opinions
- Robinson v. MoseleySupreme Court of Alabama · 1890
- Mayer v. ClarkSupreme Court of Alabama · 1866
- Hayes v. WestcottSupreme Court of Alabama · 1890
- Coleman v. Pike CountySupreme Court of Alabama · 1887
- Dearing v. WatkinsSupreme Court of Alabama · 1849
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- McCrory v. DonaldSupreme Court of Alabama · 1915
- Jones v. First Nat. BankSupreme Court of Alabama · 1921
- Halsey v. Connell, Green & Co.Supreme Court of Alabama · 1895
- Peters v. PilcherSupreme Court of Alabama · 1924
- Myrick v. WallaceAlabama Court of Appeals · 1912
2 more not listed; retrieve them via the Exa API.