Stiles & Co. v. Lightfoot
Supreme Court of Alabama
Appeal from tlio Chancery Court at Wetumpka. Heard before the Hon. James B. ClaeK. This bill was filed by the appellants, to foreclose a mortgage on certain town lots in the city of 'Wetumpka, executed to them by one William B. Maxwell on the 29th November, 1845, to secure the payment of a promissory note which he owed them for $416 38, dated October 25,1845 ; and also to set aside a deed of trust dated January 28, 1845, by which the said Maxwell conveyed the same lots to…
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Appeal from tlio Chancery Court at Wetumpka. Heard before the Hon. James B. ClaeK. This bill was filed by the appellants, to foreclose a mortgage on certain town lots in the city of 'Wetumpka, executed to them by one William B. Maxwell on the 29th November, 1845, to secure the payment of a promissory note which he owed them for $416 38, dated October 25,1845 ; and also to set aside a deed of trust dated January 28, 1845, by which the said Maxwell conveyed the same lots to one Allen Light-foot, as trustee for his wife. The appellants claimed to be creditors and bona fide purchasers for…
1Opinion of the CourtRice, J.
—In this State, the law is settled, that a voluntary conveyance, as against existing creditors, is absolutely void ; but that to avoid it as against subsequent creditors, it must be shown to have been made with a fraudulent intent. Thomas v. Degraffenreid, 17 Ala. 602.
The appellanis are subsequent creditors. Their debt was *445created on the 25tb day of October, 1845, and is- evidenced by a promissory note executed on that day. On the 29th November, 1845, they obtained from their debtor a mortgage to secure the payment of their said debt. They did not take the mortgage in satisfaction of any…
2Cases cited4 opinions
- Thomas v. DegraffenreidSupreme Court of Alabama · 1850
- Nolen v. Heirs of GwynSupreme Court of Alabama · 1849
- Smith's Heirs v. Branch Bank at MobileSupreme Court of Alabama · 1852
- Corprew v. ArthurSupreme Court of Alabama · 1849
3Cited by20 opinions
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Holt & Chambers v. BancroftSupreme Court of Alabama · 1857
- Rogers v. VerlanderWest Virginia Supreme Court · 1888
- Bibb v. FreemanSupreme Court of Alabama · 1877
- Pollak v. SearcySupreme Court of Alabama · 1887
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