Legal Opinion

Reynolds v. Welch

Supreme Court of Alabama

Decided January 15, 1872PublishedCited by 15 opinions

Appeal from the Chancery Court of Talladega. Heard before the Hon. B. B. McCraw. The facts are sufficiently set forth in the opinion.

1Opinion of the CourtB. E. Saeeold, J.

The appellees filed a creditors’ Mil, to set aside a mortgage made to the appellant by their common debtor, George C. Player, on the ground that it was executed to hinder, delay, or defraud creditors. A demurrer for want of equity was overruled. It was claimed for the defendants that the complainants were purely simple-contract creditors, ajid not such as were embraced in section' 3446, Revised Code. “A creditor without a lien may file a bill in chancery, to subject to the payment of his debt any property which has been fraudulently transferred, or attempted to be fraudulently conveyed, by…

2Cases cited7 opinions

  1. Pharis v. LeachmanSupreme Court of Alabama · 1852
  2. Wiley, Banks & Co. v. KnightSupreme Court of Alabama · 1855
  3. Gazzam v. PoyntzSupreme Court of Alabama · 1842
  4. Montgomery's Executors v. KirkseySupreme Court of Alabama · 1855
  5. Young v. DumasSupreme Court of Alabama · 1863

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3Cited by15 opinions

  1. Crawford v. KirkseySupreme Court of Alabama · 1876
  2. Montgomery & Florida Railway Co. v. McKenzieSupreme Court of Alabama · 1888
  3. Dickinson v. National Bank of the RepublicSupreme Court of Alabama · 1893
  4. Birmingham Trust & Savings Co. v. SheltonSupreme Court of Alabama · 1935
  5. Howell v. CardenSupreme Court of Alabama · 1891

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