Gilchrist-Fordney Co. v. Bearry
Supreme Court of Alabama
Appeal from Oircuit Court, Mobile County; Saffold Berney, Judge. Claim suit instituted by J. H. Bearry and the People’s Bank of Mobile against the Gilchrist-Pordney Company, plaintiff in an execution against John S. Bolton and others. Prom a judgment for claimants, plaintiff appeals.
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Appeal from Oircuit Court, Mobile County; Saffold Berney, Judge. Claim suit instituted by J. H. Bearry and the People’s Bank of Mobile against the Gilchrist-Pordney Company, plaintiff in an execution against John S. Bolton and others. Prom a judgment for claimants, plaintiff appeals. A conveyance .by an embarrassed debtor, absolute in form, but intended only as security for a pre-existing debt, is fraudulent and void as to existing creditors of the grantor; and property so conveyed is subject to execution at law, the title remaining in the original debtor. I-Iill v. Rutledge, 83 Ala. 162, 4…
1Opinion of the CourtSayre, J.
Plaintiff’s execution against Bolton Lumber Company, a partnership, and the members thereof, was levied on sawmill machinery, then loaded on cars for transportation to Bearry, in Mississippi, as the property of the Boltons. Bearry and the People’s Bank of Mobile interposed a claim, and upon a trial of the right of property verdict and judgment were rendered in their favor, and, plaintiff’s motion for a new trial, on the ground that the facts in evidence clearly and convincingly showed that it was entitled to a verdict, having been overruled, plaintiff has appealed.
Plaintiff’s contention was…
2Cases cited6 opinions
- Levy & Co. v. WilliamsSupreme Court of Alabama · 1885
- Sims v. GainesSupreme Court of Alabama · 1879
- Twinn Tree Lumber Co. v. DaySupreme Court of Alabama · 1913
- Ruse v. BrombergSupreme Court of Alabama · 1889
- Frazer v. SellersAlabama Court of Appeals · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Insurance Company of North America v. MaysSupreme Court of Alabama · 1965
- Mobile O. R. Co. v. HedgecothSupreme Court of Alabama · 1926