Moore v. Altom
Supreme Court of Alabama
Appeal from Jackson Chancery Court: Heard before Hon. W. H. Simpson. Bill by J. B. Altom against D. D. Moore and others to declare a deed fraudulent and void as to creditors. From a decree overruling demurrers to bill, respondents appeal. Complainant is a resident of the state of Tennessee; Moore, a resident and citizen of the state of Georgia; and Sherwood, a resident of Montgomery, Ala.
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Appeal from Jackson Chancery Court: Heard before Hon. W. H. Simpson. Bill by J. B. Altom against D. D. Moore and others to declare a deed fraudulent and void as to creditors. From a decree overruling demurrers to bill, respondents appeal. Complainant is a resident of the state of Tennessee; Moore, a resident and citizen of the state of Georgia; and Sherwood, a resident of Montgomery, Ala. The bill alleges that Moore executed to complainant a note for $1,25.0, due one year after date and bearing interest at the rate of 6 per cent., with the usual stipulations as to attorney’s fees, etc., and…
1Opinion of the Court
McCLELLAN, J.(1) This bill was. filed by appellee, a creditor of Moore, against appellants. It is framed in tbe alternative: First, to avoid a voluntary or fraudulent conveyance made by tbe defendant Moore to tbe defendant Sherwood; and, second, to enforce a vendor’s lien upon tbe lands described in tbe bill. Only a general demurrer, questioning tbe equity of tbe bill, was filed. It was overruled, and this appeal is to review that ruling alone.
If either alternative relied on for relief is sufficient against tbe general demurerr, an affirmance must be entered here.(2) According to tbe…
2Cases cited6 opinions
- Beall & Coston v. Lehman Durr Co.Supreme Court of Alabama · 1895
- Zirkle v. HendonSupreme Court of Alabama · 1913
- Lide v. Parker'sSupreme Court of Alabama · 1877
- Sides v. Scharff Bros.Supreme Court of Alabama · 1890
- Wallen v. Montague & LewisSupreme Court of Alabama · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Montgomery Enterprises v. Empire Theater Co.Supreme Court of Alabama · 1920
- Franklin v. NunnelleySupreme Court of Alabama · 1941
- Patten v. SwopeSupreme Court of Alabama · 1920
- McClintock v. McEachinSupreme Court of Alabama · 1945
- Hartzog v. Andalusia Nat. BankSupreme Court of Alabama · 1930
6 more not listed; retrieve them via the Exa API.