Legal Opinion · Dissent

Kennedy v. First National Bank

Supreme Court of Alabama

Decided November 15, 1894Published

Appeal from the Chancery Court of Tuscaloosa. Heard before the Hon. Thomas Cobbs. The First National Bank of Tuscaloosa, as a judgment creditor of John S. Kennedy, filed a bill against the said John S. Kennedy and his grantees to set aside as fraudulent a conveyance of land by said John S- Kennedy to his co-respondents, and to subject said lands to the satisfaction of the judgment.

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Appeal from the Chancery Court of Tuscaloosa. Heard before the Hon. Thomas Cobbs. The First National Bank of Tuscaloosa, as a judgment creditor of John S. Kennedy, filed a bill against the said John S. Kennedy and his grantees to set aside as fraudulent a conveyance of land by said John S- Kennedy to his co-respondents, and to subject said lands to the satisfaction of the judgment. The grantor debtor and his grantees answered the bill, each denying the alleged fraud; the grantor denying that he had or owned any interest in the lands conveyed, and the grantees asserting that they were bona…

1Dissent

COLEMA.N, 3.,

dissenting. — To properly understand the discussion, the facts of the case at bar should be stated. A judgment creditor of John S. Kennedy filed a bill against the debtor and his grantees to set aside a fraudulent conveyance of lands, and to subject the same to the satisfaction of the judgment. The grantor debtor and his grantees answered the bill, each denying the fraud. The grantor denied having or owning any interest in the lands conveyed, and the grantees asserted that that they 'were bona fide owners of the same. - There was no suggestion or claim of exemption or homestead…

2Cases cited39 opinions

  1. Buffington v. HarveySupreme Court of the United States · 1877
  2. Vogler v. MontgomerySupreme Court of Missouri · 1874
  3. Bean v. SmithU.S. Circuit Court for the District of Rhode Island · 1821
  4. Smith's v. CockrellSupreme Court of Alabama · 1880
  5. Fellows v. LewisSupreme Court of Alabama · 1880

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