Wilkinson, Banks & Co. v. Buster
Supreme Court of Alabama
Appeal from the Chancery Court of Lawrence. Heard before the Hon. William H. Simpson. The facts of the case are sufficiently stated in the opinion. The court erred in allowing the defendant to file his plea of infancy after the cause was submitted for final decree, without notice to the complainant of the filing of said plea. — 6 Amer. & Eng. Encyc. of Law, 803 ; Joyce v. Gunnel, 2 Richardson's Eq.
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Appeal from the Chancery Court of Lawrence. Heard before the Hon. William H. Simpson. The facts of the case are sufficiently stated in the opinion. The court erred in allowing the defendant to file his plea of infancy after the cause was submitted for final decree, without notice to the complainant of the filing of said plea. — 6 Amer. & Eng. Encyc. of Law, 803 ; Joyce v. Gunnel, 2 Richardson's Eq. (S. C.) 259. The facts of this case show that the conveyance sought to be set aside was fraudulent as against the complainants. The transaction was had between brother and sisters, and is,…
1Opinion of the CourtColeman, J.
This is a creditors’ bill filed by appellants against Samuel M. Buster, their debtor, and the other respondents, who it is averred are the fraudulent grantees of certain lands conveyed to them by the said debtor. The bill charges that the consideration expressed in the deed of conveyance was simulated; that there was in fact no consideration paid, that it was made with the intent to defraud complainants, and that the grantees knowfingly participated in the fraud. At the final hearing the court rendered a decree in favor of the defendants, and dismissed complainants’ bill. The assignments of…
2Cases cited1 opinion
- State ex rel. Gilbreath v. BunceSupreme Court of Missouri · 1877
3Cited by5 opinions
- Ex Parte State Ex Rel. BrittainSupreme Court of Alabama · 1939
- Darling v. HanlonSupreme Court of Alabama · 1916
- Kelley v. ChandlerSupreme Court of Alabama · 1917
- McMinn v. KarterSupreme Court of Alabama · 1896
- Brock v. Clio Banking Co.Supreme Court of Alabama · 1922