Smith v. Pitts
Supreme Court of Alabama
Appeal from Tallapoosa Chancery Court. Heard before Hon. W. W. Wi-iiteside. Bill by O. A. M. Pitts against G. A. Smith and others to declare certain deeds from J. M. Smith and wife to M. M. Smith and Rosa Smith, fraudulent and void as against complainant unless G. A. and J. M. Smith pay to complainant certain sums of money paid by him as surety for them. From a decree for complainants respondents appeal.
Read the full summary
Appeal from Tallapoosa Chancery Court. Heard before Hon. W. W. Wi-iiteside. Bill by O. A. M. Pitts against G. A. Smith and others to declare certain deeds from J. M. Smith and wife to M. M. Smith and Rosa Smith, fraudulent and void as against complainant unless G. A. and J. M. Smith pay to complainant certain sums of money paid by him as surety for them. From a decree for complainants respondents appeal. To set aside a conveyance as to subsequent creditors, actual fraud must be shown. A subsequent creditor cannot complain of the disposition of the debtor’s property unless such disposition was…
1Opinion of the CourtMcCLELLAN, J.
Bill by surety to set aside alleged fraudulent conveyances by an alleged principal debtor and to subject the realty purported to be conveyed therein to the reimbursement of the surety for the sum paid hr him in the discharge of the alleged principal’s debt to the creditor.
The theory of the bill would invoke a well-recognized phase of equity jurisdiction. — 4 Pom. Eq. § 1417, et seq. Bragg v. Patterson, 85 Ala. 233, 4 South. 716. To sustain a bill for relief on that theory, it is essential that the original obligation was paid by the surety. — 1 Brandt on Suretyship (3d Ed.) §§ 232, 331, 332;…
2Cases cited19 opinions
- McDonnell v. Alabama Gold Life InsuranceSupreme Court of Alabama · 1888
- Knighton v. CurrySupreme Court of Alabama · 1878
- Keel v. LarkinSupreme Court of Alabama · 1882
- Owen v. McGeheeSupreme Court of Alabama · 1878
- Bragg v. PattersonSupreme Court of Alabama · 1887
14 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Home Insurance Company v. Stuart-McCorkle, Inc.Supreme Court of Alabama · 1973
- Smith v. YoungSupreme Court of Alabama · 1911
- Montgomery Bank & Trust Co. v. JacksonSupreme Court of Alabama · 1914
- Matthews Bros. Construction Co. v. Stonebrook DevelopmentCourt of Civil Appeals of Alabama · 2001
- Gurley v. RobertsonSupreme Court of Alabama · 1912
12 more not listed; retrieve them via the Exa API.