Sims v. Gaines
Supreme Court of Alabama
Appeal from the Chancery Court of Greene. Heard before the Hon. A. W. Hillard. The bill in this case was filed on the 21st September, 1877, by Thomas "W. Sims, as a judgment creditor of Fountaine Gaines, against the said Gaines, and against the personal representative, heirs, and distributees of the estate of Havid Bragg, deceased; and sought to subject to the satisfaction of the complainant’s judgment certain lands, of which said Bragg died seized and possessed, and which…
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Appeal from the Chancery Court of Greene. Heard before the Hon. A. W. Hillard. The bill in this case was filed on the 21st September, 1877, by Thomas "W. Sims, as a judgment creditor of Fountaine Gaines, against the said Gaines, and against the personal representative, heirs, and distributees of the estate of Havid Bragg, deceased; and sought to subject to the satisfaction of the complainant’s judgment certain lands, of which said Bragg died seized and possessed, and which his personal representative was proceeding to sell under an order of the Probate Court; and to vacate and set aside, on…
1Opinion of the CourtBeickell, C. J.
We shall not enter on the inquiry, whether, in the transaction impeached by the bill, the parties had an actual intent to defraud the creditors of Gaines. Such an intent would, of course, vitiate the transaction, and would constitute actual, as distinguished from constructive fraud — fraud in fact, and not merely fraud in law. There is not, for any practical purpose, so far as the validity of the particular transaction may be concerned, any difference between fraud in fact and fraud in law: between a fraud proved by direct evidence, and a fraud inferred by law from facts which are consistent…
2Cases cited4 opinions
- Wiley, Banks & Co. v. KnightSupreme Court of Alabama · 1855
- Bryant v. YoungSupreme Court of Alabama · 1852
- Hartshorn v. WilliamsSupreme Court of Alabama · 1857
- Pope v. WilsonSupreme Court of Alabama · 1845
3Cited by31 opinions
- Weber v. RothchildOregon Supreme Court · 1887
- Fellows v. LewisSupreme Court of Alabama · 1880
- Levy & Co. v. WilliamsSupreme Court of Alabama · 1885
- Pollak v. SearcySupreme Court of Alabama · 1887
- Pritchett v. Pollock & Co.Supreme Court of Alabama · 1886
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