Mountain v. Whitman
Supreme Court of Alabama
Appeal from tlie Chancery Court of Mobile. Heard before the Hon. W. H. Tayloe. The bill in this case was filed on November 2, 1892, by Barbara Whitman, as a creditor of the firm of Mountain & Sons, composed of Samuel A Mountain, senior, Samuel A. Mountain, junior, and John Mountain ; and sought to have a deed of conveyance, executed by the said Samuel A. Mountain, Sr., to Everline Mountain set aside as fraudulent and void, as to the creditors of the firm of Mountain & Sons.
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Appeal from tlie Chancery Court of Mobile. Heard before the Hon. W. H. Tayloe. The bill in this case was filed on November 2, 1892, by Barbara Whitman, as a creditor of the firm of Mountain & Sons, composed of Samuel A Mountain, senior, Samuel A. Mountain, junior, and John Mountain ; and sought to have a deed of conveyance, executed by the said Samuel A. Mountain, Sr., to Everline Mountain set aside as fraudulent and void, as to the creditors of the firm of Mountain & Sons. The individual members of the firm and the said Everline Mountain are made parties defendant. The allegations of the…
1Opinion of the CourtHead, J.
Bill to set aside conveyance of land as a fraud upon subsequent, as well as existing, creditors of the grantor, and to condemn the land to the payment of the demand of complainant, a subsequent creditor. The appeal is by the defendants, Mountain and others, from a decretal order of the chancellor overruling demurrers to the bill. The objection pressed upon us is, that the bill does not set forth the facts constituting the alleged fraud with sufficient precision. The allegations are, substantially, as follows : That the conveyance was made by the debtor, when he was financially embarrassed,…
2Cited by8 opinions
- Hays v. McCartySupreme Court of Alabama · 1940
- Cannon v. Birmingham Trust & Savings Co.Supreme Court of Alabama · 1915
- Pratt Land & Improvement Co. v. McClainSupreme Court of Alabama · 1902
- Crisp v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1932
- McClelland v. CostonSupreme Court of Alabama · 1933
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