Jacobs v. Swift & Co.
| Decision Date | 09 May 1935 |
| Docket Number | 4 Div. 797 |
| Parties | JACOBS et al. v. SWIFT & CO. |
| Court | Alabama Supreme Court |
Appeal from Circuit Court, Dale County; J.S. Williams, Judge.
Suit in equity by Swift & Co. against D.M. Jacobs and E.V. Jacobs. From a decree overruling a demurrer to the bill, respondents appeal.
Affirmed.
Chas. O. Stokes, of Ozark, for appellants.
Sollie & Sollie, of Ozark, for appellee.
This is a bill by a contract creditor, whose debt is secured by a chattel mortgage, for discovery and relief. The relief sought is the foreclosure of a chattel mortgage, and to avoid a voluntary conveyance of the real estate described in the bill, made by the debtor to his son and codefendant. The discovery sought is in respect to the location and identity of the property covered by the chattel mortgage.
The bill is single in its purpose--to subject the property of the debtor to the satisfaction of his debt due the complainant.
The demurrers to the bill were not well taken and were properly overruled. Code 1923, §§ 6526, 7342; Rice et al. v. Eiseman Bros. & Co. et al., 122 Ala. 343, 25 So. 214; Douglass Cotton Oil Co. et al. v. Alabama Machinery & Supply Co. et al., 205 Ala. 51, 87 So. 342; Comer v. Lehman, Durr & Co., 87 Ala. 362, 6 So. 264; J.E. Butler & Co. et al. v. A.G. Henry & Co., 202 Ala. 155, 79 So. 630; Hanson v. Luther, 229 Ala. 256, 156 So. 771.
Affirmed.
To continue reading
Request your trial
-
Jarrett v. Hagedorn
...398; Mobile v. McCown Oil Co., 226 Ala. 688, 148 So. 402; Moring Mercantile Co. v. Phillips, 220 Ala. 371, 125 So. 215; Jacobs v. Swift & Co., 230 Ala. 358, 161 So. 232; Birmingham v. Smyer, 230 Ala. 234, 160 So. Love v. Sims-Morgan Lumber Co., 229 Ala. 499, 158 So. 180; Stamey v. Fortner, ......
-
Anderton v. Hiter
... ... or interests therein sought to be subjected to payment of ... complainant's debts or in respect to the parties ... respondent. Jacobs v. Swift & Co., 230 Ala. 358, 161 ... So. 232; Lambert v. Anderson, 224 Ala. 110, 139 So ... A ... voluntary conveyance of property by a ... ...
-
City of Carbon Hill v. Merchants Bank & Trust Co.
... ... misjoinder of parties defendant. Hackney v ... Yarbrough, 233 Ala. 365, 172 So. 107; Jacobs et al ... v. Swift & Co., 230 Ala. 358, 161 So. 232; Lambert ... et al. v. Anderson, 224 Ala. 110, 139 So. 287; ... Jarrett v. Hagedorn et al., ... ...
-
Hackney v. Yarbrough
... ... bill was not multifarious, even if it can be said that such ... objection is argued here. Authorities supra, section 6526, ... Code; Jacobs et al. v. Swift & Co., 230 Ala. 358, ... 161 So. 232. There is a complete unity of purpose in the ... bill, and that is to reach and subject ... ...