State Bank v. Ellis
Supreme Court of Alabama
Appeal from the Chancery Court of Pickens. Heard before the Hon. James B. Clark. This bill was filed by the appellant, on behalf of itself and the other creditors of Erederic C. Ellis, deceased, against the administrator, heirs-at-law, and mother of said Ellis, to subject to the satisfaction of complainant’s; demand certain real estate, alleged to have been conveyed by said Ellis in his lifetime to his mother for the purpose of hindering and defrauding his creditors.
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Appeal from the Chancery Court of Pickens. Heard before the Hon. James B. Clark. This bill was filed by the appellant, on behalf of itself and the other creditors of Erederic C. Ellis, deceased, against the administrator, heirs-at-law, and mother of said Ellis, to subject to the satisfaction of complainant’s; demand certain real estate, alleged to have been conveyed by said Ellis in his lifetime to his mother for the purpose of hindering and defrauding his creditors. The material facts are stated in tlie opinion of the court. The chancellor, by interlocutory decree, overruled a demurrer to…
1Opinion of the CourtRice, C. J.
The bill shows the complainant to be a creditor at large, who has no lien, and has not exhausted its legal remedies. — Lee v. Leaehman, 22 Ala. 452. It seeks to obtain satisfaction of the complainant’s demand, out of real estate which, it alleges, was fraudulently conveyed by the debtor in his lifetime to his mother. But it is destitute of equity, unless it in effect alleges the deficiency of legal assets to satisfy the complainant’s demand. Pharis v. Leachman, 20 Ala. 662; Watts v. Gayle, ib. 817.
The only allegation of the bill, which is relied upon as an allegation of the deficiency of…
2Cases cited3 opinions
- Pharis v. LeachmanSupreme Court of Alabama · 1852
- McGuire v. ShelbySupreme Court of Alabama · 1852
- Lee v. LeachmanSupreme Court of Alabama · 1853
3Cited by16 opinions
- Brooklyn Life Insurance v. BledsoeSupreme Court of Alabama · 1875
- Lehman v. MeyerSupreme Court of Alabama · 1880
- Merry v. FremonSupreme Court of Missouri · 1869
- Houston v. BlackmanSupreme Court of Alabama · 1880
- Halfman's v. Ellison & SonsSupreme Court of Alabama · 1874
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