Yeend v. Weeks
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Tried before the Hon. W. H. Taylob. The bill in this case was filed on May 16, 1893, by Thomas A. Yeend, as administrator of the estate of George Brown, deceased, against Dorval W. Weeks, Rosalie Weeks, Felix Andry and Joseph D. Weeks; and sought to have set aside as voluntary and fraudulent certain conveyances executed by the said D. W. Weeks to each of the other respondents ; and also a contribution from said D. W. Weeks of his…
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Appeal from the Chancery Court of Mobile. Tried before the Hon. W. H. Taylob. The bill in this case was filed on May 16, 1893, by Thomas A. Yeend, as administrator of the estate of George Brown, deceased, against Dorval W. Weeks, Rosalie Weeks, Felix Andry and Joseph D. Weeks; and sought to have set aside as voluntary and fraudulent certain conveyances executed by the said D. W. Weeks to each of the other respondents ; and also a contribution from said D. W. Weeks of his share of the amount paid by the complainant’s intestate on the administration bond of one Hall, and that the property so…
1Opinion of the Court
HARALSON, J .
1. When one makes a conveyance *339of Ms property on a consideration which is merely good, as contradistinguished from one which is valuable, it is without effect, inoperative and voidable against any debt the grantor may owe at the time of its execution ; and this, without reference to the good intentions of the parties, and the solvency or insolvency of the grantor, at the time of thfe execution of the conveyance: Such a conveyance, when not tainted.with actual fraud, is void only as to antecedent debts ; but if made with an intent to hinder, delay and defraud creditors, which is…
2Cases cited19 opinions
- Pickett v. PipkinSupreme Court of Alabama · 1879
- Kelly v. McGrathSupreme Court of Alabama · 1881
- Coles v. Allen, Freer & IllgesSupreme Court of Alabama · 1879
- Fearn v. WardSupreme Court of Alabama · 1880
- Hamilton's Adm'r v. BlackwellSupreme Court of Alabama · 1877
14 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- American Surety Co. of NY v. MarottaSupreme Court of the United States · 1933
- London v. G. L. Anderson Brass WorksSupreme Court of Alabama · 1916
- Stolte v. KarrenCourt of Appeals of Texas · 1916
- Manchuria S. S. Co. v. Harry G. G. Donald & Co.Supreme Court of Alabama · 1917
- Washington v. NorwoodSupreme Court of Alabama · 1900
37 more not listed; retrieve them via the Exa API.