McDuffie v. Lynchburg Shoe Co.
Supreme Court of Alabama
Appeal from Geneva Chancery Court.. Heard before Hon. L. D. Gardner. Bill by the Lynchburg Shoe Company and others as creditors without a lien against P. B. McDuffie, Sr., and others, to set aside a conveyance as fraudulent and to subject it to the payment of their debt. From a decree overruling demurrers to the bill respondent appeals.
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Appeal from Geneva Chancery Court.. Heard before Hon. L. D. Gardner. Bill by the Lynchburg Shoe Company and others as creditors without a lien against P. B. McDuffie, Sr., and others, to set aside a conveyance as fraudulent and to subject it to the payment of their debt. From a decree overruling demurrers to the bill respondent appeals. The office of a general demurrer now is to test the equity of a bill, and raises all want of substantive averment. — Callahan v. Monroe Co., 56 Ala. 303; 62 N. J. E. 663; 62 N. J. E. 354; Hooper v. S. cG N. R. R. Co., 69 Ala. 533. The bill was subject to the…
1Opinion of the CourtSayre, J.
This bill was filed by several creditors of the appellants under section 3739 of Code, which authorizes creditors without a lien to file a bill in chancery to subject to the payment of their debts any property which has been fraudulently transferred or conveyed, or attempted to be fraudulently transferred or conveyed by their debtor. The statute does not authorize a creditor to maintain a bill before the maturity of his debt. — Jones v. Massey, 79 Ala. 370; Freider v. Leinkauff, 92 Ala. 469, 8 South. 758.
The averment of the amended bill is that prior to. the date of the conveyances attacked,…
2Cases cited5 opinions
- Singo v. BrainardSupreme Court of Alabama · 1911
- Jones v. MasseySupreme Court of Alabama · 1885
- Freider v. Lienkauff & StraussSupreme Court of Alabama · 1890
- Musselman v. WiseIndiana Supreme Court · 1882
- Fairchild v. KingCalifornia Supreme Court · 1894
3Cited by38 opinions
- Kelly v. CarmichaelSupreme Court of Alabama · 1928
- Penton v. Brown-Crummer Inv. Co.Supreme Court of Alabama · 1930
- Whiteman v. TaberSupreme Court of Alabama · 1919
- Seeberg v. NorvilleSupreme Court of Alabama · 1920
- Hatter v. QuinaSupreme Court of Alabama · 1927
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