Dickson v. McLarney
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon. W. H. Tayloe. This bill was filed February 15, 1890, by Frank H. Mc-Larney, “executor” of the estate of James McDonnell, deceased, and Kate McDonnell, “executrix” of said estate, against Edward J. Dickson, alias Daws, and the children and heirs of Mrs. Mary Daws, and the object of it is to have a certain deed to real estate, executed by said Edward J. Dickson to Mrs. Mary A. Daws, — who was his mother, — on the 3rd day of…
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Appeal from Mobile Chancery Court. Heard before Hon. W. H. Tayloe. This bill was filed February 15, 1890, by Frank H. Mc-Larney, “executor” of the estate of James McDonnell, deceased, and Kate McDonnell, “executrix” of said estate, against Edward J. Dickson, alias Daws, and the children and heirs of Mrs. Mary Daws, and the object of it is to have a certain deed to real estate, executed by said Edward J. Dickson to Mrs. Mary A. Daws, — who was his mother, — on the 3rd day of May, 1887, declared void as to complainants, on the ground that it was voluntary, and made to hinder, delay and defraud…
1Opinion of the CourtHaralson, J.
— I. The deed which is the subject of this suit, is alleged in the bill, to be a voluntary conveyance, and made to hinder, delay .and defraud the creditors of E. J. Hickson.
The defendants admit it to be a voluntary conveyance, but deny, it was executed with any such fradulent intent, as that charged.
It is necessary to repeat, in this connection, and for the purposes of this decision, some familiar principles, as to such transactions.
A conveyance which is purely voluntary, and not tainted with, an actual intent to hinder, delay and defraud creditors, is void, only as to existing creditors, but…
2Cases cited9 opinions
- Shirras & Others v. Caig & MitchelSupreme Court of the United States · 1812
- Pickett v. PipkinSupreme Court of Alabama · 1879
- Caldwell v. SmithSupreme Court of Alabama · 1884
- Lehman, Durr & Co. v. Van Winkle & Co.Supreme Court of Alabama · 1890
- McGhee v. Importers & Traders National BankSupreme Court of Alabama · 1890
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3Cited by17 opinions
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- Little v. Sterne & Co.Supreme Court of Alabama · 1899
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- Wimberly v. Montgomery Fertilizer Co.Supreme Court of Alabama · 1901
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