Echols v. Peurrung Bros. & Co.
Supreme Court of Alabama
Appeal from the chancery court of Madison. Heard before the Hon. Thomas Conns. The bill in this case was filed by the appellees against the appellants, A. Ewing Echols and his wife, on December 19, 1892. Its purpose was to set aside as fraudulent and void two deeds, which were executed by A. Ewing Echols to his wife and co-defendant, Daisy Echols, on June 1, 1898, and June 10, 1893. Both of said deeds were filed for record in the probate court of Madison county on July 3,…
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Appeal from the chancery court of Madison. Heard before the Hon. Thomas Conns. The bill in this case was filed by the appellees against the appellants, A. Ewing Echols and his wife, on December 19, 1892. Its purpose was to set aside as fraudulent and void two deeds, which were executed by A. Ewing Echols to his wife and co-defendant, Daisy Echols, on June 1, 1898, and June 10, 1893. Both of said deeds were filed for record in the probate court of Madison county on July 3, 1892. The averments of the bill are sufficiently stated in the opinion. The respondents demurred to the bill on the…
1Opinion of the Court
HEAD/J.
We are of opinion that the demurrer to the bill was properly overruled. It has been the law of this State announced in our decisions since early in the State’s history that a voluntary conveyance made by the donor with actual intent to binder, delay or defraud creditors, existing at the time, or those whose demands may thereafter accrue, is void as against his creditors, existing or subsequent. This principle is conceded by respondent’s counsel, but it is contended that the rule does not apply in favor of the subsequent creditor if when he extended the credit to the donor, he had…
2Cases cited2 opinions
- Gilliland v. FennSupreme Court of Alabama · 1890
- Kirksey v. SnedecorSupreme Court of Alabama · 1877
3Cited by2 opinions
- McFaddin v. McFaddinSupreme Court of Alabama · 1901
- Davis v. CasselsDistrict Court, N.D. Alabama · 1915