Wallen v. Montague & Lewis
Supreme Court of Alabama
Appeal from the Chancery Court of Morgan. Heard before the lion. William H. Simpson. The facts of this case are sufficiently stated in the opinion. (1). Nellie Sherloclc shows she had a bona fide debt due her from Wallen and that she did not know of his embarrassed condition and took the lot in payment of her debt. — Leo v. Williams, 79 Ala. 171; Bank v. Eburn, 84 Ala. 529; 14 So.
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Appeal from the Chancery Court of Morgan. Heard before the lion. William H. Simpson. The facts of this case are sufficiently stated in the opinion. (1). Nellie Sherloclc shows she had a bona fide debt due her from Wallen and that she did not know of his embarrassed condition and took the lot in payment of her debt. — Leo v. Williams, 79 Ala. 171; Bank v. Eburn, 84 Ala. 529; 14 So. Rep. 398. (2). An insolvent debtor may prefer a creditor by the- sale of goods in payment of a pre-existing debt; the debt must be bona fide and the property taken at a fair and adequate price and no benefit…
1Opinion of the CourtDowdell, J.
— This is a common creditors’ bill filed by the complainants against their common, debtor, Wallen, and his corespondents, F- T. and Nellie Sherlock as fraudulent grantees of certain lands conveyed to them by Wallen. The bill avers among other things, the relationship of Wallen to the Sherlocks as that of brother-in-law, and that the said conveyances so executed by him to these grantees were voluntary; that the recited consideration in the said conveyances was simulated and fictitious, and in fact and reality, no consideration existed, and that the same were made and executed Avith the intent…
2Cases cited2 opinions
- Levy & Co. v. WilliamsSupreme Court of Alabama · 1885
- Moog v. FarleySupreme Court of Alabama · 1885
3Cited by5 opinions
- London v. G. L. Anderson Brass WorksSupreme Court of Alabama · 1916
- Freeman v. BlountSupreme Court of Alabama · 1911
- Williams v. EllingtonSupreme Court of Alabama · 1936
- Moore v. AltomSupreme Court of Alabama · 1915
- Bishop v. McPhersonSupreme Court of Alabama · 1936