Allen v. Pierce
Supreme Court of Alabama
Appeal from Montgomery Chancery Court. Heard before Hon. L. D. Gardner. Bill by G. E. Pierce against Eliza B. Allen to set aside a fraudulent conveyance. Judgment overruling demurrers to the bill. Respondent appeals.
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Appeal from Montgomery Chancery Court. Heard before Hon. L. D. Gardner. Bill by G. E. Pierce against Eliza B. Allen to set aside a fraudulent conveyance. Judgment overruling demurrers to the bill. Respondent appeals. The bill alleges, in substance: That during the years 1903 and 1904 Charles A. Allen was possessed of considerable property and was conducting several kinds of businesses in the city of Montgomery, which required the use of considerable money; that the business ivas done under the firm name of Allen & Leak, hut that Allen was the head of the firm and the only one having any…
1Opinion of the Court
DOWDELL, C. . J.
The bill in this case is by a judgment creditor, after a return of “No property found” on execution, to subject assets of the judgment debtor, in the hands of an alleged fraudulent grantee, to the payment of the judgment. The conveyance assailed is one by the husband to the wife, the expressed consideration being love and affection. The conveyance is a voluntary conveyance, and in such a case it is not necessary to allege and prove a fraudulent intent as to the grantee. It is sufficient to show such intent as to the grantor. — McFadden v. McFadden, 134 Ala. 342, 32 South. 719;…
2Cases cited11 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Pickett v. PipkinSupreme Court of Alabama · 1879
- Micou v. AshurstSupreme Court of Alabama · 1876
- Roper v. McCook & Robertson's Adm'rSupreme Court of Alabama · 1845
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3Cited by6 opinions
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- Carr v. GoldsteinSupreme Court of Alabama · 1923
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