Brunson v. Rosenheim & Son
Supreme Court of Alabama
Appeal from Coffee Chancery Court. Heard before Hon. W. L. Parks. Bill by Joseph Rosenheim & Son against W. J. Brunson and others to set aside certain alleged conveyances and. to enforce a judgment lien on property conveyed.
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Appeal from Coffee Chancery Court. Heard before Hon. W. L. Parks. Bill by Joseph Rosenheim & Son against W. J. Brunson and others to set aside certain alleged conveyances and. to enforce a judgment lien on property conveyed. The burden is on complainants to show that Brunson is insolvent; that complainants are his creditors and that he executed the conveyance to defraud his creditors while insolvent.— Moog v. Farley, 79 Ala. 236. Applying this test the bill cannot be maintained as to the M’Hurleys. — 3 Mayf. 875. The lot was exempt to Brunson and the fact that there were two dwellings on the…
1Opinion of the Court
DOWDELL, J. —
The bill in this case is one by a judgment creditor against the debtor and his vendees, seeking to set aside certain alleged fraudulent conveyances by the debtor and for the enforcement of a lien under the judgment and execution against the property sought to be conveyed. The bill is sufficient in its averment of the facts constituting the alleged fraud. The bill also avers a return of the execution on the judgment “No property found” and the insolvency of the respondent debtor. A joint answer to the bill was filed by the respondents, in which there was a general denial of the…
2Cases cited10 opinions
- Stein v. McGrathSupreme Court of Alabama · 1900
- American Freehold Land Mortgage Co. v. DykesSupreme Court of Alabama · 1895
- Wood & Son v. RileySupreme Court of Alabama · 1898
- Gamble v. Aultman & Co.Supreme Court of Alabama · 1899
- Mylin v. KingSupreme Court of Alabama · 1903
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- London v. G. L. Anderson Brass WorksSupreme Court of Alabama · 1916
- Roddam v. MartinSupreme Court of Alabama · 1970
- Prowell v. WilsonSupreme Court of Alabama · 1929
- Waddle v. Great Southern Phos. Co.Supreme Court of Alabama · 1913
- Templeton v. ScruggsSupreme Court of Alabama · 1937
4 more not listed; retrieve them via the Exa API.