Galloway v. Shaddix
Supreme Court of Alabama
Appeal from Etowah Chancery Court. Heard before Hon. W. W. Whiteside. Bill by Mrs. Ira Shaddix, as administratrix, against Mrs. Tina Y. Galloway and another, to set aside conveyances as fraudulent. From a decree overruling demurrers to the bill respondents appeal. The bill was filed by appellee as the administratrix of the estate of William Perkins, deceased.
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Appeal from Etowah Chancery Court. Heard before Hon. W. W. Whiteside. Bill by Mrs. Ira Shaddix, as administratrix, against Mrs. Tina Y. Galloway and another, to set aside conveyances as fraudulent. From a decree overruling demurrers to the bill respondents appeal. The bill was filed by appellee as the administratrix of the estate of William Perkins, deceased. It averred that the death of her intestate was caused by the negligence of the appellant Charles V. Galloway on July 4, 1913, and that on September 25, 1913, appellee as administratrix, brought her suit in the city court of Gadsden,…
1Opinion of the Court
MAYFIELD, J.(1) A personal representative may maintain a bill to set aside a conveyance as fraudulent under our statutes, though his only claim or demand against the grantor is a judgment for damages for the wrongfully caused death of complainant’s intestate.(2) Our statutes against fraudulent conveyances, in common with the present English statutes and similar statutes of other states, have always been so construed by the courts as to effect the intention of the lawmakers; that is, to prevent frauds in the giving away or fraudulent disposition of property for the purpose of preventing…
2Cases cited3 opinions
- Dowling v. GarnerSupreme Court of Alabama · 1915
- Ginn v. HardySupreme Court of Alabama · 1900
- Calvert v. CalvertSupreme Court of Alabama · 1912
3Cited by16 opinions
- Hays v. McCartySupreme Court of Alabama · 1940
- Roddam v. MartinSupreme Court of Alabama · 1970
- Taylor v. Peoples Fertilizer Co.Supreme Court of Alabama · 1959
- Colby v. McClendonCourt of Appeals of Texas · 1938
- Foy v. FoySupreme Court of Alabama · 1984
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