Skinner v. Southern Grocery Co.
Supreme Court of Alabama
Appeal from Marengo Chancery Court. Heard before Hon. Thomas H. Smith. Bill by the Southern Grocery Company against W. B. Skinner and others, to declare certain conveyances fraudulent and void and to annul them. Prom a decree overruling demurrers to the bill respondents appeal.
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Appeal from Marengo Chancery Court. Heard before Hon. Thomas H. Smith. Bill by the Southern Grocery Company against W. B. Skinner and others, to declare certain conveyances fraudulent and void and to annul them. Prom a decree overruling demurrers to the bill respondents appeal. In respect to the two allegations of the bill, the court must accept that least favorable to the pleader, and presume that the parties who acquired the stock still own it free from encumbrance. — Rogers v. Brooks, 99 Ala. 31; Loseh v. Pickett, 12 Pac. 822. We must, therefore, consider the case strictly as one between…
1Opinion of the CourtMayfield, J.
This is a bill by a single judgment creditor to set aside a number of conveyances of its debt*363ors as fraudulent. Demurrers were interposed to the hill for want of equity, and because no sufficient facts were alleged, to sIloav an intent on the part of the grantors to hinder, delay, or defraud creditors within the meaning of the statute against fraudulent conveyances (Code 1907, § 4293) under Avhich the bill is filed. The demurrer Avas overruled, and from that decree respondents prosecute this appeal.
The property, the subject-matter of the suit, originally belonged to one W. A. Skinner, who…
2Cases cited3 opinions
- Gardner v. ColeSupreme Court of Iowa · 1866
- Fort Payne Furnace Co. v. Fort Payne Coal & Iron Co.Supreme Court of Alabama · 1892
- Kingman & Co. v. MowryIllinois Supreme Court · 1899
3Cited by11 opinions
- National Park Bank v. L. & N. R. R.Supreme Court of Alabama · 1917
- Murphree v. HensonSupreme Court of Alabama · 1972
- Birmingham Trust & Savings Co. v. SheltonSupreme Court of Alabama · 1935
- Crisp v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1932
- Carson v. Long-Bell Lumber CorporationCourt of Appeals for the Eighth Circuit · 1934
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