Legal Opinion

Davis v. Vandiver & Co.

Supreme Court of Alabama

Decided November 15, 1904PublishedCited by 6 opinions

Appeal from Chancery Court of Butler. Heard before the Hon. W. L. Parks. The bill was filed in this cause by W. F. Vandiver and others, claiming to be creditors of J. H. Davis, The bill alleged, that conveyances of certain lands had been made to Laura Davis, the wife of J. H. Davis, but that, in fact, J. H. Davis purchased the lands, and the conveyance was made to his wife for the purpose of hindering, delaying or defrauding his creditors.

Read the full summary

Appeal from Chancery Court of Butler. Heard before the Hon. W. L. Parks. The bill was filed in this cause by W. F. Vandiver and others, claiming to be creditors of J. H. Davis, The bill alleged, that conveyances of certain lands had been made to Laura Davis, the wife of J. H. Davis, but that, in fact, J. H. Davis purchased the lands, and the conveyance was made to his wife for the purpose of hindering, delaying or defrauding his creditors. J. I-I. Davis, Laura Davis, and the alleged fraudulent grantors were made defendants. Subsequent to the filing of the bill, J. TI. Davis was duly…

1Opinion of the CourtAnderson, J.

This appeal is prosecuted from decrees of the chancellor, overruling demurrer and motion to dismiss the bill as originally filed and as amended.

The assignment of error based on the ruling as to the original bill is abandoned in counsels’ brief, but they insist that the chancellor erred in overruling demurrer and motion aimed at the amended bill.

A bill was filed in this case against the debtor and his alleged fraudulent grantees, to set aside certain conveyances. The bill was subsequently amended by averring that, since the filing thereof, the debtor had been adjudged a bankrupt, and his…

2Cases cited3 opinions

  1. Parkman's Adm'r v. Aicardi & ToolSupreme Court of Alabama · 1859
  2. Harris v. MooreSupreme Court of Alabama · 1882
  3. Andrews v. MatherSupreme Court of Alabama · 1901

3Cited by6 opinions

  1. Webb v. ButlerSupreme Court of Alabama · 1915
  2. Clinton Petroleum Services, Inc. v. NorrisCourt of Appeals of Maryland · 1974
  3. Blick v. NimmoCourt of Appeals of Maryland · 1913
  4. Seay v. GravesSupreme Court of Alabama · 1912
  5. Carothers v. WeaverSupreme Court of Alabama · 1930

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API