Watts v. Burgess & Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Marengo. Heard before the Hon. Thos. H. Smith. Tlie facts of the care are sufficiently stated in the opinion. cited Wait on Fraudulent Conveyances, 215; Rand v. Gibson, 109 Ala. 266; Clewis v. Malone, 119 Ala. 312; Elyton L. Go. v. Vance, 119 Ala. 315; Eufaula G. Go. v. Petty, 116 Ala. 220; Bellamy v. Thornton, 103 Ala. 400; G-oetter v. Smith, 104 Ala. 481. When the husband, buys lands, taking the title in the name of his wife, but paying…
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Appeal from the Chancery Court of Marengo. Heard before the Hon. Thos. H. Smith. Tlie facts of the care are sufficiently stated in the opinion. cited Wait on Fraudulent Conveyances, 215; Rand v. Gibson, 109 Ala. 266; Clewis v. Malone, 119 Ala. 312; Elyton L. Go. v. Vance, 119 Ala. 315; Eufaula G. Go. v. Petty, 116 Ala. 220; Bellamy v. Thornton, 103 Ala. 400; G-oetter v. Smith, 104 Ala. 481. When the husband, buys lands, taking the title in the name of his wife, but paying the purchase money with Ms own funds, the conveyance is fraudulent and void as to existing creditors. Kelley v. Connell,…
1Opinion of the CourtHaralson, J.
Bill to set aside as fraudulent, a deed to certain lands, by G-. A. Watts to his wife, M. E. Watts.
On January 24th, 1895, O. A. Watts was indebted to complainants, Burgess & Co., in the sum of $856.86, as *335evidenced, by his promissory note of that date, due November 1, 1895. In March, 1897, complainants brought suit' on tins debt, in Marengo circuit court, and at the June Term following, obtained a judgment against Watts for $514, — the balance due on the debt, and costs of suit. Execution was duly issued on this judgment, and placed in. the hands of the sheriff, who returned it, “no property…
2Cases cited6 opinions
- Robinson v. MoseleySupreme Court of Alabama · 1890
- Harrell v. MitchellSupreme Court of Alabama · 1878
- Wood & Son v. RileySupreme Court of Alabama · 1898
- Kelley v. Connell, Green & Co.Supreme Court of Alabama · 1895
- First National Bank v. SmithSupreme Court of Alabama · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Davis v. HarrisSupreme Court of Alabama · 1924
- Elam v. A. P. Brewer Lumber Co.Supreme Court of Alabama · 1912
- Darden v. SchuesslerSupreme Court of Alabama · 1907