Allen v. Overton
Supreme Court of Alabama
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
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Crawford v. KirkseySupreme Court of Alabama · 1876
- Pickett v. PipkinSupreme Court of Alabama · 1879
- London v. G. L. Anderson Brass WorksSupreme Court of Alabama · 1916
- Thames & Co. v. Rembert's Adm'rSupreme Court of Alabama · 1879
12 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Wiggins v. Stewart Bros.Supreme Court of Alabama · 1926
- Smith v. WilderSupreme Court of Alabama · 1960
- Birmingham Trust & Savings Co. v. SheltonSupreme Court of Alabama · 1935
- Stanback v. Citizens National Bank of RaleighSupreme Court of North Carolina · 1929
- Caldwell v. CaffeySupreme Court of Alabama · 1959
12 more not listed; retrieve them via the Exa API.