Deposit Bank of Frankfort v. Caffee
Supreme Court of Alabama
Appeal from the Chancery Court of Lowndes. Heard before the Hon. W. L. Parks. The bill in this case was filed on January 18, 1.899, by Die Deposit Bank of Frankfort, Kentucky, against Andrew E. Chaffee, Annie E. Chaffee, W. P. Bussell, L. B. Jones and C. W. Jones, for the purpose of having set aside and cancelled as fraudulent and yoid a deed made by Andrew E. Caffee to bis wife, Annie E. Caffee, and. a mortgage executed by said Andrew and Annie Caf-fee to W. P. Russell.
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Appeal from the Chancery Court of Lowndes. Heard before the Hon. W. L. Parks. The bill in this case was filed on January 18, 1.899, by Die Deposit Bank of Frankfort, Kentucky, against Andrew E. Chaffee, Annie E. Chaffee, W. P. Bussell, L. B. Jones and C. W. Jones, for the purpose of having set aside and cancelled as fraudulent and yoid a deed made by Andrew E. Caffee to bis wife, Annie E. Caffee, and. a mortgage executed by said Andrew and Annie Caf-fee to W. P. Russell. It was averred in the bill thúu the complainant was a judgment creditor of Andrew E. Caffee, and that the conveyances…
1Opinion of the Court
HARALSON, J
1. The rule seems to be settled with us, in a suit to set aside a fraudulent, conveyance, whether it be constructively frudulent and therefore voidable, as against past due debts, or actually fraudulent, and voidable as to future as well as to past obligations, that the existence of a debt, for the. payment of which, except for the conveyance, the. property transferred could be made liable to creditors, must appear; and that the grantee in the conveyance must have an opportunity to dispute the debt, and may plead any defense, not merely personal, which the.grantor or debtor could…
2Cases cited7 opinions
- English v. KeySupreme Court of Alabama · 1863
- Key v. JonesSupreme Court of Alabama · 1875
- Lawson v. Alabama Warehouse Co.Supreme Court of Alabama · 1882
- Tubb v. FortSupreme Court of Alabama · 1877
- Edmonds v. EdmondsSupreme Court of Alabama · 1840
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