Thomas v. Mickle

BOULDIN, Justice.

The .bill was filed by a trustee in bankruptcy to set aside an alleged fraudulent conveyance of real and personal property by the bankrupt debtor and reclaim the property as part of the estate of the bankrupt. Neuberger v. Felis, 203 Ala. 142, 82 So. 172; Barrett v. Kaigler, 200 Ala. 404, 76 So. 320; Bagley v. Bagley, 206 Ala. 233, 234, 89 So. 739.

The bill presents the ease in two aspects:

First, constructive fraud; alleges that the conveyance was voluntary; the recited consideration simulated and fictitious. Second, actual fraud; alleges the purpose and intent of the grantor…