Anderson v. Anderson
Supreme Court of Alabama
Appeal from tbe Chancery Court of Greene. Heard before tbe Hon. A. W. Dillard. The bill in this case was filed on the 2d September, 1879, by the children and heirs of Mrs. Elizabeth M. Anderson, deceased, infants suing by their next friend, against Albert C. Hill, as the administrator of the estate of John C. Anderson, deceased; and against Mrs. Sailie R. Anderson, the widow of said John 0. Anderson, and her two infant children ; and sought to set aside, as constructively…
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Appeal from tbe Chancery Court of Greene. Heard before tbe Hon. A. W. Dillard. The bill in this case was filed on the 2d September, 1879, by the children and heirs of Mrs. Elizabeth M. Anderson, deceased, infants suing by their next friend, against Albert C. Hill, as the administrator of the estate of John C. Anderson, deceased; and against Mrs. Sailie R. Anderson, the widow of said John 0. Anderson, and her two infant children ; and sought to set aside, as constructively fraudulent, a deed of gift, by which said John C. Anderson had conveyed lands, in consideration of natural love and…
1Opinion of the Court
BB.ICKELL, C. J.:
The present statute of frauds (Code of 1876, § 2124) is a substantial re-enactment of the statute of 1803 (Clay’s Digest, 254, § 2), which was borrowed from the 13th Elizabeth, c. 5. These statutes have been uniformly construed in this court, with the exception of the case of Toulmin v. Buchanan (1 Stew. 67), which had its peculiar facts, and was overruled in Miller v. Thompson (3 Port. 196], as avoiding all voluntary conveyances — all conveyances not supported by a valuable consideration — so far as they affected existing creditors, though such conveyances were not infected…
2Cases cited4 opinions
- Gannard v. EslavaSupreme Court of Alabama · 1852
- Foote v. CobbSupreme Court of Alabama · 1851
- Miller v. ThompsonSupreme Court of Alabama · 1836
- Toulmin v. Buchanan's ExecutorsSupreme Court of Alabama · 1827
3Cited by25 opinions
- Miller v. RobertsonSupreme Court of the United States · 1924
- Fearn v. WardSupreme Court of Alabama · 1886
- Peterson v. WahlquistNebraska Supreme Court · 1933
- Lehman v. GunnSupreme Court of Alabama · 1899
- Sallaske v. FletcherWashington Supreme Court · 1913
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