Jaffrey & Co. v. McGough
Supreme Court of Alabama
Appeal from tbe Chancery Court of Russell. Heard before the Hon. John A. Foster. . The bill in this case was filed on the 16th September, 1885, by E. S. Jaffrey & Co., on behalf of themselves and other judgment creditors o£ John McGough, against him, his wife, and their three sons; and sought to set aside, on the ground of alleged fraud, a conveyance of a large tract of land, executed by said McGough to his wife and children, on the 9th November, 1883, in consideration of…
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Appeal from tbe Chancery Court of Russell. Heard before the Hon. John A. Foster. . The bill in this case was filed on the 16th September, 1885, by E. S. Jaffrey & Co., on behalf of themselves and other judgment creditors o£ John McGough, against him, his wife, and their three sons; and sought to set aside, on the ground of alleged fraud, a conveyance of a large tract of land, executed by said McGough to his wife and children, on the 9th November, 1883, in consideration of his alleged indebtedness to each of them. On final hearing, on pleadings and proof, the chancellor set aside the…
1Opinion of the CourtClopton, J.
— On November 9th, 1883, John McGough executed to his wife and three sons a conveyance of lands, in consideration ■ and satisfaction of an indebtedness alleged to be due them severally. The bill is brought by judgment creditors of McGough, and the purpose is to have this conveyance set aside on the ground of fraud, and the lands condemned to the payment of their claims. The deed having been executed after the debts of complainants were contracted, the onus to show a valuable and adequate consideration rests on the grantees. The chancellor vacated and set aside the deed, as to the interest…
2Cases cited5 opinions
- Anderson v. HooksSupreme Court of Alabama · 1846
- Irwin v. BaileySupreme Court of Alabama · 1882
- Cabalan v. Monroe, Smaltz & Co.Supreme Court of Alabama · 1881
- Tatum v. HunterSupreme Court of Alabama · 1848
- Evans, Fite, Porter & Co. v. CovingtonSupreme Court of Alabama · 1881