Cowan v. Staggs
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hón. A. H. Benners. Bill by A. -S. Cowan, as trustee, against D. F. Staggs and others, to annul a conveyance as a fraud on creditors and condemn the land for payment of respondents’ debt. Decree for respondents, and complainant appeals.
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Appeal from Jefferson Chancery Court. Heard before Hón. A. H. Benners. Bill by A. -S. Cowan, as trustee, against D. F. Staggs and others, to annul a conveyance as a fraud on creditors and condemn the land for payment of respondents’ debt. Decree for respondents, and complainant appeals. The bill alleges that D. F. Staggs was adjudged a bankrupt on his voluntary petition on June 8, 1910, and at a meeting of the creditors held on June 21, 1910, A. S. Cowan was duly and legally appointed as trustee, and qualified as such; that said Staggs did not schedule any property, except a small amount of…
1Opinion of the CourtSayre, J.
As we read the record, the only questions presented are whether the grantor in the conveyances attacked intended thereby to defraud his creditors, and whether his vendees were bona fide purchasers for value without notice of their vendor’s alleged fraudulent intent. If Howton, who is the creditor represented by the trustee in bankruptcy in this case, had acquired no lien on the property, section 3383 of the Code gives the trustee no standing in court. — Sparks v. Weatherly, 176 Ala. 324, 58 South. 280. If, on the other hand, Howton had acquired and kept alive a valid lien, he cannot employ…
2Cases cited12 opinions
- Wells v. American Mortgage Co. of Scotland, Ltd.Supreme Court of Alabama · 1895
- Yeend v. WeeksSupreme Court of Alabama · 1893
- Lehman, Durr & Co. v. Kelly & Bro.Supreme Court of Alabama · 1880
- Gannard v. EslavaSupreme Court of Alabama · 1852
- Kelly v. McGrathSupreme Court of Alabama · 1881
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- First Nat. Bank of Birmingham v. LoveSupreme Court of Alabama · 1936
- Bell v. JonesSupreme Court of Alabama · 1931
- Neuberger v. FelisSupreme Court of Alabama · 1919
- W. T. Rawleigh Co. v. BarnetteSupreme Court of Alabama · 1950
- Barrett v. KaiglerSupreme Court of Alabama · 1917
4 more not listed; retrieve them via the Exa API.