Morris & Co. v. Barton
Supreme Court of Alabama
Appeal from Tallapoosa Chancery Court. Heard before Hon. W. W. Whiteside. Bill by Morris & Company and others against Barton & Allen and others to set aside a conveyance as a fraud on creditors. From a decree denying the relief prayed complainants appeal.
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Appeal from Tallapoosa Chancery Court. Heard before Hon. W. W. Whiteside. Bill by Morris & Company and others against Barton & Allen and others to set aside a conveyance as a fraud on creditors. From a decree denying the relief prayed complainants appeal. The prayer for a personal decree against Barton and others is authorized.- — Met-calf v. Arnold, 132 Ala. 74. There is no question of insolvency to be considered by the court as a solvent debtor may be guilty of a fraud which will authorize his creditors to pursue the property or its proceeds.— Section 3739, Code 1907; Metcalf v. Arnold,…
1Opinion of the Court
DOWDELL, O. J.
This is a creditors’ bill to set aside an alleged fraudulent conveyance by the debtor.
While there are assignments of error on the ruling of the chancellor on demurrer to the bill as originally filed, these assignments are not insisted on in argument, and are therefore, under the rule, not considered.
The answers of the respondents to the bill as amended expressly deny every material averment of fraud. The question presented for our consideration, and the only one insisted on in argument, is purely one of fact. There is no difficulty in the law, as stated in the cases of Metcalf…
2Cases cited3 opinions
- Beall & Coston v. Lehman Durr Co.Supreme Court of Alabama · 1895
- Dickinson v. National Bank of the RepublicSupreme Court of Alabama · 1893
- Metcalf v. ArnoldSupreme Court of Alabama · 1902
3Cited by4 opinions
- First Nat. Bank of Opp v. WiseSupreme Court of Alabama · 1941
- Johnson Dry Goods Co. v. DrakeSupreme Court of Alabama · 1929
- Wallace v. CrosthwaitSupreme Court of Alabama · 1916
- Motley v. Warren Trading CompanySupreme Court of Alabama · 1966