Shelton v. Timmons
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by Mary R. Timmons against Minnie Shelton and others to follow and subject to- complainant’s demand certain money alleged to have been fraudulently donated to respondents.by complainant’s debtor, and incidentally for discovery. Decree overruling demurrers to the bill, and respondents appeal.
1Opinion of the CourtSomerville, J.
The primary purpose of the bill of complaint is to follow and subject to complainant’s demand the proceeds of money fraudulently donated by complainant’s debtor to. several of his nieces, wdio are made parties defendant. This is an independent equity, and of itself suffices for the maintenance of the bill.—Dickinson v. National Bank, 98 Ala. 546, 14 South. 550.
It is not necessary that such a bill should be sworn to> even though it pray also for a discovery by the defendants of the property in which they have invested the money fraudulently transferred to' them. Such discovery is incidental…
2Cases cited14 opinions
- King v. Livingston Mfg. Co.Supreme Court of Alabama · 1912
- Va. & Ala. Mining & Manufacturing Co. v. Hale & Co.Supreme Court of Alabama · 1890
- Coffey v. Norwood & NorwoodSupreme Court of Alabama · 1886
- Dickinson v. National Bank of the RepublicSupreme Court of Alabama · 1893
- Chrichton v. HaylesSupreme Court of Alabama · 1912
9 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Julian v. WoolbertSupreme Court of Alabama · 1919
- Cleveland Storage Co. v. Guardian Trust Co.Supreme Court of Alabama · 1930
- Webb v. SprottSupreme Court of Alabama · 1932
- Trotter v. BrownSupreme Court of Alabama · 1936
- Burns v. AustinSupreme Court of Alabama · 1932
12 more not listed; retrieve them via the Exa API.