Kimball v. Greig
Supreme Court of Alabama
Appeal from the Chancery Court of-Mobile. Heard before the Hon. Adam C. Felder. The equity of the bill rests on the three grounds of fraud, discovery, and account. The fraud consists in the conveyance to King, which recites the payment of a valuable consideration, when in fact none whatever existed, and the intention was to hinder and delay the plaintiff in the collection of his demand, and the secret re-conveyance by King to the defendant.
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Appeal from the Chancery Court of-Mobile. Heard before the Hon. Adam C. Felder. The equity of the bill rests on the three grounds of fraud, discovery, and account. The fraud consists in the conveyance to King, which recites the payment of a valuable consideration, when in fact none whatever existed, and the intention was to hinder and delay the plaintiff in the collection of his demand, and the secret re-conveyance by King to the defendant. These conveyances constitute such a cloud on the title as justified an appeal to the chancery court for its removal; and as to these matters a discovery…
1Opinion of the CourtPetebs, J.
The bill in this case' was filed by Kim-ball, the appellant, against Mrs. Greig, the appellee, for the purpose of subjecting certain real property owned by *232her, in the city of Mobile, in this State, to the payment of complainant’s debt to one Henry, which debt he had incurred as the surety for Mrs. Greig, on certain promissory notes, dated October 23, 1866, which are set out in full in the pleadings; The ground of equity on which the case mainly, and, so far as I have been able to comprehend it, wholly rests, is the allegation that Mrs. Greig Was the owner in her own right of a certain house…
2Cases cited10 opinions
- Bronson v. KinzieSupreme Court of the United States · 1843
- Andrews v. Hobson's Adm'rSupreme Court of Alabama · 1853
- Gimon v. DavisSupreme Court of Alabama · 1860
- Goodman v. BenhamSupreme Court of Alabama · 1849
- Bryant v. YoungSupreme Court of Alabama · 1852
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