Legal Opinion

Allen v. Overton

Supreme Court of Alabama

Decided October 26, 1922No. 8 Div. 459PublishedCited by 17 opinions

Appeal from Circuit Court, Madison County; Osceola Kyle, Judge. Suit by B. M. Allen and others against A. E. Overton and wife to cancel deeds. From a decree dismissing the bill, complainants appeal.

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Appeal from Circuit Court, Madison County; Osceola Kyle, Judge. Suit by B. M. Allen and others against A. E. Overton and wife to cancel deeds. From a decree dismissing the bill, complainants appeal. Conveyances which are fraudulent as to existing creditors are fraudulent as to sub-' sequent creditors. 75 Ala. 363. If grantee-had notice of such facts and circumstances as would arouse suspicion of an ordinarily prudent person, this is sufficient notice of grantor’s fraudulent intent. 203 Ala. 395, 83-South. 139. Where conveyances are withheld from record, this is a suspicious circumstance that…

1Opinion of the Court

MILLER, .T.

This is a bill in equity as .amended by B. M. Allen and others under the firm name of Allen, Bell & Sadler, against A. E. Overton and his wife, Lucy Overton. It seeks to have canceled and declared void seven deeds executed by A. E. Overton to Lucy Overton as a fraud against complainants, whose debts, due by A. E. Overton, were contracted after the execution of the conveyances. It alleges the defendant A. E. Overton was insolvent; that the instruments conveyed substantially all of his property; that they were made without valuable consideration for the purpose of hindering,…

2Cases cited17 opinions

  1. Seals v. Robinson & Co.Supreme Court of Alabama · 1883
  2. Crawford v. KirkseySupreme Court of Alabama · 1876
  3. Pickett v. PipkinSupreme Court of Alabama · 1879
  4. London v. G. L. Anderson Brass WorksSupreme Court of Alabama · 1916
  5. Thames & Co. v. Rembert's Adm'rSupreme Court of Alabama · 1879

12 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Wiggins v. Stewart Bros.Supreme Court of Alabama · 1926
  2. Smith v. WilderSupreme Court of Alabama · 1960
  3. Birmingham Trust & Savings Co. v. SheltonSupreme Court of Alabama · 1935
  4. Stanback v. Citizens National Bank of RaleighSupreme Court of North Carolina · 1929
  5. Caldwell v. CaffeySupreme Court of Alabama · 1959

12 more not listed; retrieve them via the Exa API.

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