Rike v. Ryan
Supreme Court of Alabama
Appeal from Morgan Chancery Court. Heard before Hon. W. T. Simpson. This was a bill filed by numerous creditors seeking to have set aside, and annulled as a fraud on creditors certain mortgages and sales made by Bike to the other parties named as respondents, and for receiver to take charge of 'the property.
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Appeal from Morgan Chancery Court. Heard before Hon. W. T. Simpson. This was a bill filed by numerous creditors seeking to have set aside, and annulled as a fraud on creditors certain mortgages and sales made by Bike to the other parties named as respondents, and for receiver to take charge of 'the property. The accounts alleged to he due were variously made between the dates of Oct. 6, 1901, and March 24, 1902. The bill alleges the execution by Rike to Gunn of a mortgage dated May 19,1902, for $790 on certain property described therein, and also alleges that the indebtedness was fictitious,…
1Opinion of the CourtSimpson, J.
This was a bill filed by the appellees, who are creditors of the appellant Rike, to set aside and *499declare fraudulent certain sales and mortgages of personal propertjr m'ade by said Bike at different times to the other appellants severally.
Each transaction then necessarily stands on its own basis, and must stand or fall alone. It will be noticed that the mortgage made to Falk was made before any of the debts were created, so that, in order to set aside that mortgage as fraudulent, the burden rests upon the com-. plainant to show an actual fraudulent intent participated in by both mortgagor and…
2Cases cited8 opinions
- Lehman, Durr & Co. v. Van Winkle & Co.Supreme Court of Alabama · 1890
- Shealy v. EdwardsSupreme Court of Alabama · 1883
- Upson v. RaifordSupreme Court of Alabama · 1856
- Howell v. CardenSupreme Court of Alabama · 1891
- Allen v. RiddleSupreme Court of Alabama · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Smith v. PittsSupreme Court of Alabama · 1910
- Birmingham News Co. v. Barron G. Collier, Inc.Supreme Court of Alabama · 1925
- Armstrong v. RichardsSupreme Court of Florida · 1937
- Mitchell v. ConwaySupreme Court of Alabama · 1952
- Kimbrough v. AlredSupreme Court of Alabama · 1918
3 more not listed; retrieve them via the Exa API.