Merchants' National Bank v. McGee
Supreme Court of Alabama
Appeal from Chancery Court of Tuscaloosa. Heard before Hon. Thomas Cobbs. This was a bill filed by the appellant against the heirs at law of James McGee, who had died intestate, and whose estate was alleged to be insolvent, and sought to set aside as fraudulent a voluntary conveyance made by decedent, iu bis life time, to the defendants, and subject the same to payment of complainant’s debt against the intestate. The complainant was a simple contract cred-idtor.
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Appeal from Chancery Court of Tuscaloosa. Heard before Hon. Thomas Cobbs. This was a bill filed by the appellant against the heirs at law of James McGee, who had died intestate, and whose estate was alleged to be insolvent, and sought to set aside as fraudulent a voluntary conveyance made by decedent, iu bis life time, to the defendants, and subject the same to payment of complainant’s debt against the intestate. The complainant was a simple contract cred-idtor. The defendants interposed numerous demurrers, all of which were overruled except the 10th and 11th which are as follows : 10th.…
1Opinion of the CourtHaralson, J.
This was a bill by a simple contract creditor for the purpose of reaching and subjecting property alleged to have been fraudulently conveyed by his deceased debtor while in life,, on an averment of deficiency of legal assets. That such a bill may be maintained has been for a long time and very frequently affirmed in this court. — Halfman v. Ellison, 51 Ala. 544 ; Houston v. Blackman, 66 Ala. 559 ; Lehman v. Meyer, 67 Ala. 397 ; Battle v. Reid, 68 Ala. 149 ; Sharp v. Sharp, 76 Ala. 319.
In Battle v. Reid, supra, the bill contained no averment negativing the existence of legal assets of the…
2Cases cited10 opinions
- Frazer v. South & North Ala. R. R.Supreme Court of Alabama · 1886
- Houston v. BlackmanSupreme Court of Alabama · 1880
- Halfman's v. Ellison & SonsSupreme Court of Alabama · 1874
- Smith v. GillamSupreme Court of Alabama · 1885
- Inge v. BoardmanSupreme Court of Alabama · 1841
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3Cited by7 opinions
- Julian v. WoolbertSupreme Court of Alabama · 1919
- Shelton v. TimmonsSupreme Court of Alabama · 1914
- Central Accept. Corp. v. Colonial Bank of Ala.Supreme Court of Alabama · 1983
- Scheve v. VanderkolkNebraska Supreme Court · 1914
- Lamar v. LamarCourt of Civil Appeals of Alabama · 1985
2 more not listed; retrieve them via the Exa API.