Bray & Landrum v. Ely
Supreme Court of Alabama
■ Appeal from the Circuit Court of Marengo. Tried before the Hon. James T. Jones. This was a statutory trial of the right to property, which was instituted by the appellee, Morris Ely, interposing a claim to a stock of goods, which had been levied upon on February 10, 1893, under a writ of attachment issued on the same day at the suit of Bray & •Landrum against Sol Elkan. The ground of the attachment was that Elkan, the defendant, had fraudulently disposed of his goods.
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■ Appeal from the Circuit Court of Marengo. Tried before the Hon. James T. Jones. This was a statutory trial of the right to property, which was instituted by the appellee, Morris Ely, interposing a claim to a stock of goods, which had been levied upon on February 10, 1893, under a writ of attachment issued on the same day at the suit of Bray & •Landrum against Sol Elkan. The ground of the attachment was that Elkan, the defendant, had fraudulently disposed of his goods. On the trial of the cause, as is shown by the bill of exceptions, the testimony for the plaintiff in attachment tended to…
1Opinion of the CourtBrickell, C. J.
The principles which govern the determination of the validity of sales pr conveyances made by an insolvent debtor, or a debtor in failing circumstances, to a creditor in payment of a preexisting debt, having notice of his condition or insolvency, when the sale or conveyance is attacked for fraud by other creditors, have been of such frequent consideration and decision, that it would seem a necessity for their reitera■tion could scarcely occur. So far as now relevant, in First National Bank of Birmingham v. Smith, 93 Ala. 97, *557they were concisely and clearly summarized by Chief Justice Ston3s :…
2Cases cited3 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Whilden & Sons v. Merchants' & Planters' National BankSupreme Court of Alabama · 1879
- First National Bank v. SmithSupreme Court of Alabama · 1890
3Cited by8 opinions
- Louisville & Nashville R. R. v. LileSupreme Court of Alabama · 1908
- Wood & Son v. RileySupreme Court of Alabama · 1898
- British & American Mortgage Co. v. CodySupreme Court of Alabama · 1902
- Gay, Hardie & Co. v. StricklandSupreme Court of Alabama · 1896
- Martheny v. PetersenSupreme Court of Alabama · 1964
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