Levy & Co. v. Williams
Supreme Court of Alabama
Appeal from tlie Chancery Court of Marengo. Heard before the Hon. Thos. Cobbs. The bill in this case was filed on the 1st of July, 1881, by M. P. Levy & Co., Leinkanff The complainants’ debts aggregated nearly $5,000, and were contracted for goods sold and delivered by them respectively, prior to March, 1881, to said Williams & Brasfield.
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Appeal from tlie Chancery Court of Marengo. Heard before the Hon. Thos. Cobbs. The bill in this case was filed on the 1st of July, 1881, by M. P. Levy & Co., Leinkanff The complainants’ debts aggregated nearly $5,000, and were contracted for goods sold and delivered by them respectively, prior to March, 1881, to said Williams & Brasfield. The conveyances sought to be set aside were these; (1.) A deed executed by said Williams and wife, dated March 26th, 1881, by which they conveyed to Newhouse Brothers, in consideration, as recited, of $800 in hand paid, two tracts of land, one containing 280…
1Opinion of the CourtClopton, J.
In Hodges Bros. v. Coleman & Carroll, 76 Ala. 103, we held, that a debtor in failing circumstances, or insolvent, may sell a part, or the whole of his property, in payment of an antecedent debt, to the exclusion of his other creditors ; and that a sale on such consideration, the debt being bona fide, and its amount not materially below the value of the property, will be sustained, whatever may have been the attendant circumstances or badges of fraud, or may have been the intentions of the debtor, and whatever notice of such-intentions the purchasing creditor may have had, if no use or benefit…
2Cases cited11 opinions
- Crawford v. KirkseySupreme Court of Alabama · 1876
- Hodges Bros. v. Coleman & CarrollSupreme Court of Alabama · 1884
- Lukins v. AirdSupreme Court of the United States · 1867
- Lehman, Durr & Co. v. Kelly & Bro.Supreme Court of Alabama · 1880
- Sims v. GainesSupreme Court of Alabama · 1879
6 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Corey v. WadsworthSupreme Court of Alabama · 1891
- Pollak v. SearcySupreme Court of Alabama · 1887
- Pritchett v. Pollock & Co.Supreme Court of Alabama · 1886
- Mobile Savings Bank v. McDonnellSupreme Court of Alabama · 1889
- M. Rosenheim & Son v. Flanders SistersSupreme Court of Iowa · 1901
28 more not listed; retrieve them via the Exa API.