Herstein v. Walker
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Heard before the Hon. S. K. McSpadden. The bill in this case was filed on the 18th June, 1886, by Mrs. Bosa Herstein, as executrix of the will of her deceased husband, Bobert Herstein, against L. P. Walker individually, and as executor of the will of his deceased mother, Mrs. Eliza D. Walker; and sought to subject certain real estate in Huntsville to the satisfaction of a debt which the complainant had paid as the personal…
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Appeal from the Chancery Court of Madison. Heard before the Hon. S. K. McSpadden. The bill in this case was filed on the 18th June, 1886, by Mrs. Bosa Herstein, as executrix of the will of her deceased husband, Bobert Herstein, against L. P. Walker individually, and as executor of the will of his deceased mother, Mrs. Eliza D. Walker; and sought to subject certain real estate in Huntsville to the satisfaction of a debt which the complainant had paid as the personal representative of her husband, who was bound as surety for L. P. Walker, senior, the father of the defendant. L. P. Walker,…
1Opinion of the CourtSomeryille, J.
— The bill is filed by the appellant, to subject to the payment of a debt due the estate of her testator, certain real estate in the city of Huntsville formerly belonging to the deceased debtor, L. P. Walker, and alleged to have been transferred by him, without any valuable consideration, to his wife, Mrs. Eliza Walker, and by her devised to the defendant, L. P. Walker, Jr. It is a bill by a creditor, in other words, to reach assets in the hands of a fraudulent donee of a deceased debtor, or, what is the same thing, a volunteer holding under such a donee.
The defense interposed is the…
2Cases cited5 opinions
- East Tenn., Va. & Ga. Railroad v. BaylissSupreme Court of Alabama · 1883
- Halfman's v. Ellison & SonsSupreme Court of Alabama · 1874
- Smith v. GillamSupreme Court of Alabama · 1885
- Bennett v. BennettSupreme Court of Alabama · 1859
- Adm'r of Gee v. Williamson ex rel. NicholsonSupreme Court of Alabama · 1835
3Cited by7 opinions
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1910
- Baker v. PattersonSupreme Court of Alabama · 1911
- Herstein v. WalkerSupreme Court of Alabama · 1890
- Merchants' National Bank v. McGeeSupreme Court of Alabama · 1895
- Tallapoosa County v. Elmore CountySupreme Court of Alabama · 1935
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