Leonard v. B. F. Roden Grocery Co.
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Bill by the B. F. Roden Grocery Company against J. F. Leonard and others, to annul the conveyance as a franc! upon creditors, to declare a judgment lien in favor of complainant, and for a sale of the land for the satisfaction of the judgment. From a decree overruling demurrers to the bill, respondents appeal.
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Appeal from Jefferson Chancery Court. Bill by the B. F. Roden Grocery Company against J. F. Leonard and others, to annul the conveyance as a franc! upon creditors, to declare a judgment lien in favor of complainant, and for a sale of the land for the satisfaction of the judgment. From a decree overruling demurrers to the bill, respondents appeal. The bill shows that the B. F. Boden Grocery Company was, on ■ November 5, 1910, a creditor of J. F. Leonard in the amount of $943.89, and that on November 26, 1910, said Leonard conveyed a large quantity of real estate then owned by him to one Cora…
1Opinion of the CourtSomerville, J.
— With respect to the. conveyance from Leonard to Ulen, the bill of complaint seeks a single relief, annulment, and upon a single ground, that it was made to hinder, delay, or defraud a creditor. Such a bill is not multifarious whatever may be its averments of fact.
Several theories as to the real consideration for the conveyance, each- clearly indicative of fraud, are charged in the alternative; but these are mere specifications of the evidence in support of the charge, and, however numerous and inconsistent they may be, their alternative averment is proper, and in no sense does this destroy…
2Cases cited4 opinions
- Lehman v. MeyerSupreme Court of Alabama · 1880
- Ward v. PattonSupreme Court of Alabama · 1883
- Carter Bros. & Co. v. ColemanSupreme Court of Alabama · 1886
- Meyers v. MartinezSupreme Court of Alabama · 1911
3Cited by3 opinions
- Gaines v. StevensSupreme Court of Alabama · 1946
- Carothers v. WeaverSupreme Court of Alabama · 1930
- Carothers v. WeaverSupreme Court of Alabama · 1930