North Birmingham American Bank v. Realty Mortgage Co.

The bill of complaint, before and after amendment, is not a general creditor’s hill and merely seeks to set aside a conveyance from Watford, the debtor, to his wife as voluntary and subordinate to the complainant’s claim, and it seems that such a bill is permissible. Tissier v. Wailes (Ala. Sup.) 39 So. 924; Eaton v. Patterson & Hinchman, 2 Stew. & P. 9. And the creditor first filing the bill and obtaining process acquires the prior lien, which would prevail against creditors subsequently coming in. Mathews v. Mobile Mutual Ins. Co., 75 Ala. 85. This applies, of course, as to other creditors…