Miller v. Rowan, Dean & Co.
Supreme Court of Alabama
Appeal from Calhoun Chancery Court. Heard before Hon. J. K. McSpadden. The bill in this case was filed by Rowan, Dean & Go. against Lizzie A. Miller, in the chancery court of Calhoun county and sought to have set aside, as fraudulent and void against complainants, a deed to certain lands theretofore executed to defendant by her brother E. L. Vernon, on the ground that said deed was voluntaiy, and without a valuable consideration.
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Appeal from Calhoun Chancery Court. Heard before Hon. J. K. McSpadden. The bill in this case was filed by Rowan, Dean & Go. against Lizzie A. Miller, in the chancery court of Calhoun county and sought to have set aside, as fraudulent and void against complainants, a deed to certain lands theretofore executed to defendant by her brother E. L. Vernon, on the ground that said deed was voluntaiy, and without a valuable consideration. The fact of the existence of Vernon’s debt to complainants at the time of the execution of the deed is fully shown, but the defendant grantee is not shown to have…
1Opinion of the Court
BRICKELL, 0. J.
The debt due the appelees from the grantor, to the payment of which it is sought to subject the lands, existing at and prior to the sale and the conveyance to the appellant, the burden of proving that the conveyance is supported by a valuable consideration rests on the appellant. The recital of the consideration in the conveyance, in this controversy, is deemed the mere declaration or admission of the grantor, which, however binding on him, cannot be employed as evidence to affect his existing creditors. — 3 Brick. Dig. 520, § 173.. The grantee is not, as seems to be supposed,…
2Cases cited6 opinions
- Hubbard v. AllenSupreme Court of Alabama · 1877
- Mobile Savings Bank v. McDonnellSupreme Court of Alabama · 1889
- Wittick's Adm'r v. KeifferSupreme Court of Alabama · 1857
- Garrett v. Garrett's HeirsSupreme Court of Alabama · 1856
- Tompkins v. Nichols & JamisonSupreme Court of Alabama · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Manchuria S. S. Co. v. Harry G. G. Donald & Co.Supreme Court of Alabama · 1917
- Davis v. Stovall & BrotherSupreme Court of Alabama · 1914
- Cooke v. WilbanksSupreme Court of Alabama · 1931
- Manrique de Lara de Garrosi v. GarrosiDistrict Court, D. Puerto Rico · 1916