Garthright v. Wilson

LIVINGSTON, Chief Justice.

Tit. 20, § 15, Code of Alabama 1940, provides :

“Right to rescind conveyance made upon promise of support. — Any conveyance of realty, of which a material part of the consideration is the agreement of the grantee to support the grantor during life, is void at the option of the grantor, except as to bona fide purchasers for value, lienees, and mortgagees without notice, if, during the life of the grantor he takes proceedings in equity to annul such conveyance.”

Invoking the provisions of the foregoing statute, Duncan Wilson instituted proceedings in the Circuit Court,…