Boasberg v. Cooke

Bill by alleged judgment creditor to subject property alleged to have been conveyed in fraud of creditors.

The (case involves the same transactions considered by this court in Cooke v. Fenner & Beane, 214 Ala. 558, 108 So. 370, and Cooke v. Wilbanks, ante, p. 312, 135 So. 435.

The bill avers complainant was an existing creditor at the time of such transactions. In the evidence it developed that the original indebtedness upon which the alleged judgment was recovered was created subsequent to the alleged fraudulent transfers. This was a fatal variance. The issues are different. McCrory v. Donald,…