Wimberly v. Montgomery Fertilizer Co.
Supreme Court of Alabama
Appeal from Lee Chancery Courit. Heard before Hon. Rioi-iarp B. Kelly. The bill was filed by the Montgomery Fertilizer Company and sought to set aside as fraudulent certain transfers and conveyances mentioned therein. The facts are sufficiently stated in the opinion. From a decree of the chancellor granting the relief prayed defendants appeal. i i ' i , (1) The bill as amended was multifarious.
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Appeal from Lee Chancery Courit. Heard before Hon. Rioi-iarp B. Kelly. The bill was filed by the Montgomery Fertilizer Company and sought to set aside as fraudulent certain transfers and conveyances mentioned therein. The facts are sufficiently stated in the opinion. From a decree of the chancellor granting the relief prayed defendants appeal. i i ' i , (1) The bill as amended was multifarious. (2) Where a bill is filed in a double aspect each aspect must entitle complainant to relief. (3) The decree of the chancellor was contrary to the evidence, citing Robinson v. Moseley, 93 Ala. 70. (1)…
1Opinion of the CourtHaralson, J.
— The bill was filed to sett aside alleged gifts or conveyances of property by II. T. Wim-berly to his wife, Ó. P. Wimberly, because they were voluntary, without consideration and void as to the complainant and existing creditors of said H. T. Wim-berly.
1. A conveyance which is purely voluntary, not tainted with an actual intent to hinder, delay and defraud creditors, is void only as to existing creditors, but when'tainted with actual fraud, is void as to subsequent, as well as to existing creditors.—Dickson v. McLaren, 97 Ala. 383, 388; Seals v. Robinson, 75 Ala. 363. Only constructive fraud…
2Cases cited17 opinions
- Seitz v. MitchellSupreme Court of the United States · 1877
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Robinson v. MoseleySupreme Court of Alabama · 1890
- Harrell v. MitchellSupreme Court of Alabama · 1878
- Handley v. HeflinSupreme Court of Alabama · 1887
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3Cited by14 opinions
- London v. G. L. Anderson Brass WorksSupreme Court of Alabama · 1916
- Umphrey v. BarfieldSupreme Court of Alabama · 1939
- Buell v. MillerSupreme Court of Alabama · 1932
- Alabama Great Southern Railway Co. v. McFarlinSupreme Court of Alabama · 1911
- Eskridge v. BrownSupreme Court of Alabama · 1922
9 more not listed; retrieve them via the Exa API.