Andrews v. Mather
Supreme Court of Alabama
Appeal from the Chancery Court of Lauderdale. Heard before the Hon. William H. Simpson. On the 18th day of April, 1898, Jas.
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Appeal from the Chancery Court of Lauderdale. Heard before the Hon. William H. Simpson. On the 18th day of April, 1898, Jas. A. Andrews conveyed to his wife, Tabitha M. Andrews, “in consideration of the love and affection which the, party of the first part has and bears for the party of the second part, and the further consideration of one dollar in hand paid, receipt whereof is hereby acknowledged,” a tract of land lying in Lauderdale county, Ala., described in said deed by metes and bounds, and containing about 337 acres more or less. On the 9th day of August, 1899, James A. Andrews filed…
1Opinion of the CourtHaralson, J.
1. Section 818 of the Code provides, that a creditor without a lien may file, a bill in chancery to- subject to the payment of his cl-eb-t, any property which has been fraudulently 'transferred or conveyed, or attempted to> be fraudulently transferred or conveyed, by his debtor.
The averments of the bill in this case are full and sufficient to show that the conveyance sought to be set aside was fraudulent against the creditors of the grantor. They fully advise the defendant that the bona fides of the conveyance is assailed for fraud, anld in what the fraud consists-. — Burford v. Steele, 80…
2Cases cited7 opinions
- Hollins v. Brierfield Coal & Iron Co.Supreme Court of the United States · 1893
- Scott v. NeelySupreme Court of the United States · 1891
- Eyster v. GaffSupreme Court of the United States · 1876
- Lathrop v. DrakeSupreme Court of the United States · 1876
- Burford v. SteeleSupreme Court of Alabama · 1885
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3Cited by5 opinions
- Johnson v. DavisSupreme Court of Alabama · 1912
- Moore Mfg. Co. v. BillingsOregon Supreme Court · 1905
- Baldwin v. KingstonDistrict Court, D. New Jersey · 1918
- Davis v. Vandiver & Co.Supreme Court of Alabama · 1904
- Redd v. WallaceSupreme Court of Alabama · 1906