Gordon, Rankin & Co. v. Tweedy
Supreme Court of Alabama
Appeal from the Chancery Court of Lawrence. Heard before L. B. Cooper, esq., as special chancellor. ' The bill in this ease was filed on the 27th May, 1875, by the appellants, as creditors of Robert E. .Tweedy, against said Tweedy and his wife; and sought to set aside, on allegations and charges of fraud, certain conveyances of property by said Tweedy to his wife.
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Appeal from the Chancery Court of Lawrence. Heard before L. B. Cooper, esq., as special chancellor. ' The bill in this ease was filed on the 27th May, 1875, by the appellants, as creditors of Robert E. .Tweedy, against said Tweedy and his wife; and sought to set aside, on allegations and charges of fraud, certain conveyances of property by said Tweedy to his wife. On the first hearing of the cause, the special chancellor sustained the several conveyances as valid,, and dismissed the bill; but his decree was reversed by this court on appeal, and the cause remanded, as shown by the report of…
1Opinion of the CourtSomeryille, J.
— When this case was last before us, at the December term, 1881, it was held that the deed of conveyance executed by R. E. Tweedy to his wife, bearing date in November, 1873, was not absolutely void for actual fraud, but only voidable, at the instance of existing creditors, for constructive fraud, on account of the grossly inadequate consideration upon which it. appeared to have been based. It was permitted, however, on well settled principles of equity, to stand good as security for the purpose of reimbursing or indemni-lying the grantee, to the extent of the true and real consideration…
2Cases cited13 opinions
- Green v. BiddleSupreme Court of the United States · 1823
- Jones v. New Orleans & Selma RailroadSupreme Court of Alabama · 1881
- Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1881
- Jackson v. EdwardsNew York Court of Chancery · 1839
- Horton v. SledgeSupreme Court of Alabama · 1856
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3Cited by62 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1911
- McDonnell v. Alabama Gold Life InsuranceSupreme Court of Alabama · 1888
- McNair v. BergerMontana Supreme Court · 1932
- Cary v. StateSupreme Court of Alabama · 1884
57 more not listed; retrieve them via the Exa API.