Cartright v. West
Supreme Court of Alabama
Bill by Trustee in Bankruptcy to Annul Gifts of Real and Personal Property by Bankrupt. Appeal from Morgan Chancery Court. Heard before Hon. W. H. Simpson. Bill by Marvin West, as trustee in bankruptcy, against Anna M. Cartright, and others to annul and avoid certain gifts alleged to have been made by the bankrupt in fraud of creditors. From a decree for po-mplaitaants respondents ¡appeal.
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Bill by Trustee in Bankruptcy to Annul Gifts of Real and Personal Property by Bankrupt. Appeal from Morgan Chancery Court. Heard before Hon. W. H. Simpson. Bill by Marvin West, as trustee in bankruptcy, against Anna M. Cartright, and others to annul and avoid certain gifts alleged to have been made by the bankrupt in fraud of creditors. From a decree for po-mplaitaants respondents ¡appeal. The powers of the ¡¡referee are limited ,and he cannot 'grant permission to the trustee to pursue his remedy in the state courts. ■ — -Loveland on Bankruptcy, (2nd Ed.) 110. Having submitted the case upon…
1Opinion of the CourtTyson, C. J.
The action of the chancellor in overruling the plea in abatement can be sustained upon the ground, irrespective of all others, that by demurring to the bill the plea was waived. — Town of New Decatur v. Scharfenberg, 147 Ala. 367, 41 South. 1025; Grant v. Phoenix Ins. Co., 121 U. S. 105, 7 Sup. Ct. 841, 30 L. Ed. 905; 1 Ency. Pl & Pr. 36; 1 Cyc. 131. But, aside from this, the only insistence laid in argument in support of its sufficiency is predicted upon the averment “that the complaint had never been given authority by the United States court to bring the suit.” No case has been cited…
2Cases cited6 opinions
- Grant v. Phœnix Life InsuranceSupreme Court of the United States · 1887
- McGhee v. Importers & Traders National BankSupreme Court of Alabama · 1890
- Town of New Decatur v. ScharfenbergSupreme Court of Alabama · 1906
- Allen v. Caldwell, Ward & Co.Supreme Court of Alabama · 1906
- Gibson v. Trowbridge Furniture Co.Supreme Court of Alabama · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Board of Education of Jefferson County v. StateSupreme Court of Alabama · 1930
- Ex Parte DunlapSupreme Court of Alabama · 1923
- McCrory v. DonaldSupreme Court of Alabama · 1915
- Ex Parte CullinanSupreme Court of Alabama · 1931
- Cartwright v. WestSupreme Court of Alabama · 1913
6 more not listed; retrieve them via the Exa API.