Tyson v. South. C. O. Co.
Supreme Court of Alabama
Appeal from Lowndes Chancery Court. Heard before Hon. L. D. Gardner. Creditors’ bill by the Southern Cotton Oil Company and others against J. A. Tyson and wife. From a decree overruling, their demurrers, respondents appeal.
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Appeal from Lowndes Chancery Court. Heard before Hon. L. D. Gardner. Creditors’ bill by the Southern Cotton Oil Company and others against J. A. Tyson and wife. From a decree overruling, their demurrers, respondents appeal. Bill by the Southern Cotton Oil Company and others, on behalf of themselves and such other creditors as may desire to join, against J. A. Tyson and Bessie Tyson to declare a deed void, and to subject the lands therein conveyed to the satisfaction of the debts. The bill alleges an indebtedness of J. A. Tyson to the Southern Cotton Oil Company in the sum of $2,038.80,…
1Opinion of the CourtAnderson, J.
The bill charges that the entire consideration of the deed from Tyson to his wife was simulated — that is, that the recited consideration of $4,000 was simulated — and that there was no valid assumption of the bank mortgage. If this averment is true, then the conveyance was voluntary and inoperative as against existing creditors, whether fraudulent mala fide or not. If the averment that there was no valid assumption of the mortgage debt was the conclusion of the pleader, the point was not taken by any of the grounds of demurrer. It is also true that the deed recites the assumption of the…
2Cases cited1 opinion
- Little v. Sterne & Co.Supreme Court of Alabama · 1899
3Cited by12 opinions
- London v. G. L. Anderson Brass WorksSupreme Court of Alabama · 1916
- American Nat. Bank & Trust Co. v. PowellSupreme Court of Alabama · 1937
- McCrory v. DonaldSupreme Court of Alabama · 1915
- Buell v. MillerSupreme Court of Alabama · 1932
- Harris v. First Nat. Bank of TuscumbiaSupreme Court of Alabama · 1933
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