Legal Opinion

Wood v. Potts

Supreme Court of Alabama

Decided November 15, 1903PublishedCited by 5 opinions

Appeal from the City Court of Talladega, in Equity. Heard before the Hon. G. K. Miller. The hill in this case was filed by the appellees, Potts & Potts, against the appellant, Mattie M. Wood, and as amended averred, in substance, the following facts: One J. Matt Wood, together with G. E. Willman and E. C. Willman, on December 10, 1891, executed to complainants five bonds or notes under seal, for the sum of |214.75, each, payable respectively in 4, 5, 6, 7, 8 and 9 months…

Read the full summary

Appeal from the City Court of Talladega, in Equity. Heard before the Hon. G. K. Miller. The hill in this case was filed by the appellees, Potts & Potts, against the appellant, Mattie M. Wood, and as amended averred, in substance, the following facts: One J. Matt Wood, together with G. E. Willman and E. C. Willman, on December 10, 1891, executed to complainants five bonds or notes under seal, for the sum of |214.75, each, payable respectively in 4, 5, 6, 7, 8 and 9 months after date, with interest. On March 7,1892, said J. Matt Wood executed a deed conveying to the respondent, Mrs. Mattie M.…

1Opinion of the CourtSharpe, J.

It is settled that within tbe meaning of our statute, (Code, 3896, § 2156), a voluntary conveyance is void as to existing creditors of tbe grantor whatever may have been his financial circumstances or bis intent in making tbe same.-Beall v. Lehman, Durr & Co., 110 Ala. 450; Sides v. Scharff, 93 Ala. 107; Wallen v. Montague, 123 Ala. 287; Ruse v. Bromberg, 88 Ala. 619.

For tbe conveyance assailed by tbe bill the only consideration expressed is that of love and affection for tbe defendant and a promise by her to support the grantor during bis life, and no other consideration is shown to *432have…

2Cases cited6 opinions

  1. Ruse v. BrombergSupreme Court of Alabama · 1889
  2. McClarin v. AndersonSupreme Court of Alabama · 1895
  3. Robins, Fry & Co. v. WootenSupreme Court of Alabama · 1900
  4. Freeman v. BridgesSupreme Court of Alabama · 1898
  5. Howe v. WildesSupreme Judicial Court of Maine · 1852

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

3Cited by5 opinions

  1. Murphree v. HansonSupreme Court of Alabama · 1916
  2. Hicks v. MeadowsSupreme Court of Alabama · 1915
  3. Moore v. AltomSupreme Court of Alabama · 1915
  4. Bishop v. McPhersonSupreme Court of Alabama · 1936
  5. Callaway v. Selma Trust & Savings BankSupreme Court of Alabama · 1926

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API