Jones v. Smith & Co.
Supreme Court of Alabama
Appeal from the Chancery Coart of Butler. Heard before the Hon. John A. Foster. The bill in this case was filed on the 1st day of July, 1889, by F. C. Smith, composing the firm of F. 0. Smith & Co., against the appellees, Chas. G. Jones, his wife, L. I. Jones, and one Mrs. Boach; and sought to have two deeds, one from said 0. G. Jones to Ms wife, and the other to Mrs. Boach, declared null and void, on the ground of fraud as to existing creditors.
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Appeal from the Chancery Coart of Butler. Heard before the Hon. John A. Foster. The bill in this case was filed on the 1st day of July, 1889, by F. C. Smith, composing the firm of F. 0. Smith & Co., against the appellees, Chas. G. Jones, his wife, L. I. Jones, and one Mrs. Boach; and sought to have two deeds, one from said 0. G. Jones to Ms wife, and the other to Mrs. Boach, declared null and void, on the ground of fraud as to existing creditors. The material facts, as shown by the bill of complaint, are, that in the years 1881,1882 and 1883 the said Jones traded and did business with the…
1Opinion of the CourtWalker, J.
1. Conveyances, such as are attacked by the bill in this case, when made with intent to hinder, delay or defraud creditors, purchasers, or other persons of their lawful suits, &c., are by the statute declared to be void — Code of 1886, § 1735; and a creditor without a lien may file his bill in chancery to subject to the payment of his debt property which has been fraudulently conveyed. — Id. § 3544. The latter statute is intended to enlarge the former remedies in equity, 'and it should be liberally construed..—Todd v. Heal, 49 Ala. 275. We think that the evident purpose of this statute is to *457p…
2Cases cited9 opinions
- Lehman v. MeyerSupreme Court of Alabama · 1880
- Broughton v. MitchellSupreme Court of Alabama · 1879
- Brahan & Atwood v. RaglandSupreme Court of Alabama · 1830
- Mathews v. Mobile Mutual InsuranceSupreme Court of Alabama · 1883
- Ruse v. BrombergSupreme Court of Alabama · 1889
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3Cited by5 opinions
- Dickinson v. National Bank of the RepublicSupreme Court of Alabama · 1893
- Crisp v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1932
- Saunders v. MitchellMississippi Supreme Court · 1883
- Montgomery & Florida Railway Co. v. McKenzieSupreme Court of Alabama · 1892
- National Surety Co. v. FowlerSupreme Court of Alabama · 1927