Flewellen v. Crane
Supreme Court of Alabama
Appeal from tbe Chancery Court of Barbour. Heard before the Hon. N. S. Gbaham. The bill in this cause was filed by Angeline Crane, appel-lee, a married woman suing by her next friend.
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Appeal from tbe Chancery Court of Barbour. Heard before the Hon. N. S. Gbaham. The bill in this cause was filed by Angeline Crane, appel-lee, a married woman suing by her next friend. The bill charges that on the l‘2th of January, 1875, said Crane obtained j udgment against Enos E. Flewellen, one of the ap-pellees, on a promissory note due Jan. 1st, 1871, upon which execution duly issued and was executed by levying upon certain land of said Flewellen, which lands were offered for sale but were not sold, there being no bidders. After said suit was commtenced, the said Flewellen conveyed by…
1Opinion of the CourtBeickell, C. J.
1. A judgment creditor may, at law, proceed to the sale under execution of lands which his debtor has fraudulently aliened; and the purchaser may, in ejectment, recover them of the fraudulent donee. — Carter v. Castleberry, 5 Ala. 277. But the existence of this right does not interfere with the right to resort to a court of equity for the vacation of the fraudulent conveyance, as an obstacle in the way of the full enforcement of the judgment, and a cloud on the title to the property. — P. & M. Bank v. Walker, 7 Ala. 926; Dargan v. Waring, 11 Ala. 988. The grounds of demurrer assigned were,…
2Cases cited6 opinions
- Dargan v. WaringSupreme Court of Alabama · 1847
- Planters & Merchants' Bank of Mobile v. WalkerSupreme Court of Alabama · 1845
- Kinder v. MacyCalifornia Supreme Court · 1857
- Catchings v. ManloveMississippi Supreme Court · 1861
- Clay v. DennisSupreme Court of Alabama · 1842
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3Cited by48 opinions
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1884
- Manning v. PippenSupreme Court of Alabama · 1888
- National Park Bank v. L. & N. R. R.Supreme Court of Alabama · 1917
- Pickett v. PipkinSupreme Court of Alabama · 1879
- McDonald v. PearsonSupreme Court of Alabama · 1896
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