First National Bank v. Smith
Supreme Court of Alabama
Bill in Equity by Creditor to set aside Conveyance as Fraudulent. Appeal from the City Court of Birmingham, in equity. Heard before the Hon. H. A. Sharpe. The bill in this case was hied on the 21st of August, 18S9, by the First National Bank of Birmingham, as a creditor of W. A. Smith, against said Smith and his wife; and sought to set aside, on the ground of fraud, a conveyance of certain real estate in Birmingham executed by said Smith to his wife.
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Bill in Equity by Creditor to set aside Conveyance as Fraudulent. Appeal from the City Court of Birmingham, in equity. Heard before the Hon. H. A. Sharpe. The bill in this case was hied on the 21st of August, 18S9, by the First National Bank of Birmingham, as a creditor of W. A. Smith, against said Smith and his wife; and sought to set aside, on the ground of fraud, a conveyance of certain real estate in Birmingham executed by said Smith to his wife. The conveyance assailed by the bill was dated November 25th, 1887, and recited as its consideration an indebtedness of $21,149, full payment and…
1Opinion of the CourtStone, C. J.
— The principles of law material to be considered and declared in this case have been so often decided in this court, that we consider it unnecessary to do more than state them. They grow necessarily out of our legislation, which permits an insolvent debtor — one who is not able to pay all his debts in full — to prefer and pay one or more cred-' itors, to the utter neglect and detriment of the others. Perhaps our system is an unwise one, but, if so, the legislature alone can remedy it. We must administer it as it is. The principles applicable to this case may be thus summarized: An insolvent…
2Cases cited9 opinions
- Crawford v. KirkseySupreme Court of Alabama · 1876
- Hubbard v. AllenSupreme Court of Alabama · 1877
- Benedict, Hall & Co. v. Renfro Bros.Supreme Court of Alabama · 1883
- Hamilton's Adm'r v. BlackwellSupreme Court of Alabama · 1877
- Lipscomb v. McClellanSupreme Court of Alabama · 1882
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bates v. MorrisSupreme Court of Alabama · 1893
- Kentucky Bank & Trust Co. v. PritchettSupreme Court of Oklahoma · 1914
- Wood & Son v. RileySupreme Court of Alabama · 1898
- Pollock v. MeyerSupreme Court of Alabama · 1892
- Wimberly v. Montgomery Fertilizer Co.Supreme Court of Alabama · 1901
5 more not listed; retrieve them via the Exa API.