Rankin, Duryee & Co. v. Lodor
Supreme Court of Alabama
ERROR to tbe Chancery Court of Dallas. Heard before the Hon. "VV. W. MasoN. Rankin, Duryee & Co. et al., wbo were mercantile firms doing business mostly in New York, filed tbeir bill in equity against the defendants in error, to obtain the aid of chancery in the collection of their several debts against the firm of E. & J. W. Ransom, which was composed of Elijah Ransom and Joel W. Ransom, and against said Elijah Ransom individually.
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ERROR to tbe Chancery Court of Dallas. Heard before the Hon. "VV. W. MasoN. Rankin, Duryee & Co. et al., wbo were mercantile firms doing business mostly in New York, filed tbeir bill in equity against the defendants in error, to obtain the aid of chancery in the collection of their several debts against the firm of E. & J. W. Ransom, which was composed of Elijah Ransom and Joel W. Ransom, and against said Elijah Ransom individually. The bill alleges, after describing particularly the several debts, that judgments have been obtained on some of them, and that legal proceedings have been…
1Opinion of the Court
PHELAN, J.-
— -Two positions are relied on by the plaintiffs in error: 1. That the deed of assignment from the Ransoms to Lodor as trustee, is inoperative and void in law, for the want of the assent of all the creditors, who are named as constituting the third party to the deed; 2. That, it the deed is not wholly inoperative and void for the want of the assent of all the creditors, at least it is so as to those creditors who had levied upon the property, against such other creditors as had not signed the deed previous to such levy.
The first position we consider to be untenable. It does not…
2Cases cited12 opinions
- Governor v. CampbellSupreme Court of Alabama · 1850
- Gazzam v. PoyntzSupreme Court of Alabama · 1842
- Robinson v. RapelyeSupreme Court of Alabama · 1829
- Abercrombie v. BradfordSupreme Court of Alabama · 1849
- Elmes v. SutherlandSupreme Court of Alabama · 1845
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Clayton v. JohnsonSupreme Court of Arkansas · 1880
- Cannon v. DemingSouth Dakota Supreme Court · 1892
- Truss v. DavidsonSupreme Court of Alabama · 1890
- Mc Cord-Brady Co. v. MillsWyoming Supreme Court · 1899
- Lanier v. DriverSupreme Court of Alabama · 1854
1 more not listed; retrieve them via the Exa API.