Davis v. Vandiver & Co.
Supreme Court of Alabama
Appeal from Butler. Chancery Court. Heard before Hon. Luoien D. Gardner. . Creditors’ bill by W. F. Vandiver & Co. and others against J. H. Davis and others to set aside conveyances.. From a decree for complainants, defendants appeal.
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Appeal from Butler. Chancery Court. Heard before Hon. Luoien D. Gardner. . Creditors’ bill by W. F. Vandiver & Co. and others against J. H. Davis and others to set aside conveyances.. From a decree for complainants, defendants appeal. It appears from the records that while Vandiver & Co., and Schloss & Kohn, were creditors at the time of the execution of the deed that these .accounts have long sine», been paid, and hence, they had nothing to complain of. —Wimberly v. M. F. Go., 132 Ala, 113; Watts v. Burgess, 131 Ala. 333. In running accounts credits are always applied to the oldest items. —…
1Opinion of the CourtAnderson, J.
The complainants being existing creditors when the deed was made from Davis and wife to the Tuckers (parents of Mrs. Davis), the burden of proof was upon the grantees to show the bona tides of the transaction. — Russell v. Davis, 133 Ala. 655, 31 South. 514, 91 Am. St. Rep. 56. In determining the bona tides of a transaction assailed as fraudulent, the fact that such transaction was had between parties nearly related is a circumstance which naturally calls for closer scrutiny than where the transaction is between *456strangers. — Murphy v. Green, 128 Ala. 486, 30 South. 643; Gordon v. McIlwain, 82…
2Cases cited7 opinions
- Kimbrell v. RogersSupreme Court of Alabama · 1890
- Gordon v. McIlwainSupreme Court of Alabama · 1886
- Rudulph v. BrewerSupreme Court of Alabama · 1892
- Scott v. HollandSupreme Court of Alabama · 1902
- Hillens v. BrinsfieldSupreme Court of Alabama · 1896
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3Cited by10 opinions
- Chavers v. MayoSupreme Court of Alabama · 1918
- Gilley v. DenmanSupreme Court of Alabama · 1913
- Cowan v. StaggsSupreme Court of Alabama · 1912
- Stacey v. TaliaferroSupreme Court of Alabama · 1932
- Mobile Temperance Hall Ass'n v. HolmesSupreme Court of Alabama · 1915
5 more not listed; retrieve them via the Exa API.