Van Ingin v. Duffin
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. Alfred H. Benners.. Bill by Edward H. Vanlngen against P. J. Duffin, and others to set aside certain conveyances as a fraud on creditors. From a decree for respondents complainants appeal. Laches begins to run in cases of fraud not from the time of the perpetration of the fraud, but from the time of the discovery of the fraud. — McIntyre '0. Prior, 173 U. S'. 53; 143 IT.
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Appeal from Jefferson Chancery Court. Heard before Hon. Alfred H. Benners.. Bill by Edward H. Vanlngen against P. J. Duffin, and others to set aside certain conveyances as a fraud on creditors. From a decree for respondents complainants appeal. Laches begins to run in cases of fraud not from the time of the perpetration of the fraud, but from the time of the discovery of the fraud. — McIntyre '0. Prior, 173 U. S'. 53; 143 IT. S. 224; 112 Fed. 906; 100 Fed. 520; 55 N. E. 192; 25 S. W. 719; 52 N. E. 209; 37 N. E. 140; Sec. 4825, Code 1907.- The defense could not be raised by demurrer, lmt…
1Opinion of the CourtSimpson, J.
The bill in this case was filed by the appellant against the appellees, and seeks to set aside certain conveyances of lands executed to said defendant Elizabeth Duffin, respectively, dated September 25, 1891, April 8, 1896, March 1, 1898, August 25, 1898, and May 20, 1898, and to subject the property therein conveyed to a debt due the complainant January 12, 1889, and reduced to judgment on February 29, 1892, claiming that said lands so conveyed to said Elizabeth Duffin were paid for by her husband, said defendant P. J. Duffin. A demurrer was interposed to said bill, setting up the statute of…
2Cases cited4 opinions
- Washington v. NorwoodSupreme Court of Alabama · 1900
- Underhill v. Mobile Fire Department InsuranceSupreme Court of Alabama · 1880
- Martin v. Branch Bank at DecaturSupreme Court of Alabama · 1857
- Tillison v. EwingSupreme Court of Alabama · 1890
3Cited by25 opinions
- Van Antwerp v. Van AntwerpSupreme Court of Alabama · 1941
- Peters Mineral Land Co. v. HooperSupreme Court of Alabama · 1922
- Kerrigan v. O'MearaMontana Supreme Court · 1924
- Prowell v. WilsonSupreme Court of Alabama · 1929
- State Security Life Insurance Co. v. HensonSupreme Court of Alabama · 1972
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