Smothers v. Meridian Fertilizer Factory
Supreme Court of Alabama
Appeal from the Chancery Court, of Lamar. Heard before the Hon. William H. Simpson. The appellee, the Meridian P'ertilizer Factory, filed a bill in the chancery court of Lamar county against the appellants, M. C. and M. A. Smothers. It was averred in the bill that hi.
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Appeal from the Chancery Court, of Lamar. Heard before the Hon. William H. Simpson. The appellee, the Meridian P'ertilizer Factory, filed a bill in the chancery court of Lamar county against the appellants, M. C. and M. A. Smothers. It was averred in the bill that hi. C. Smothers Avas indebted to the complainant and that for the purpose of hindering, delaying and defrauding the complainant and other creditors, he had executed a, mortgage to M. A. Smothers, his mother, upon certain real and personal property; that there was no real consideration for said mortgage, but that the consideration…
1Opinion of the CourtTyson, J.
This .appeal is prosecuted from an order of the chancellor dismissing a petition filed in vacation to reopen a decree rendered at a regular term, of the court held prior thereto, for the purpose of allowing the petitioners kv come in and defend the suit. It appears from the record in the cause that the petitioner M. C. Smothers was a non-resident of this State, and that publication was made as required by the statute, and that, his co-petitioner, M. A. Smothers, was a resident and that personal service was had upon hem Decrees pro oonfesso were regularly taken and entered against each of…
2Cases cited5 opinions
- Burgess & Co. v. MartinSupreme Court of Alabama · 1895
- Lehman, Durr & Co. v. CollinsSupreme Court of Alabama · 1881
- Pollard v. Southern Fertilizer Co.Supreme Court of Alabama · 1898
- Schilcer v. Brock & SpightSupreme Court of Alabama · 1899
- Tabor v. LoranceSupreme Court of Alabama · 1875
3Cited by5 opinions
- Robertson v. StateAlabama Court of Appeals · 1924
- Sulzby v. PalmerSupreme Court of Alabama · 1916
- Sulzby v. PalmerSupreme Court of Alabama · 1916
- Foreman v. City of AnnistonSupreme Court of Alabama · 1964
- Worthen v. State ex rel. VernerSupreme Court of Alabama · 1914