Ledbetter v. Davenport Bros.
Supreme Court of Alabama
Appeal from Jackson Chancery Court. Heard before Hon. W. H. Simpson. Bill by Davenport Bros, and others against J. M. Led-better and others. From a decree for complainants, defendants appeal.
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Appeal from Jackson Chancery Court. Heard before Hon. W. H. Simpson. Bill by Davenport Bros, and others against J. M. Led-better and others. From a decree for complainants, defendants appeal. The transaction was not between relatives, and the testimony shows that the sale was upon a valuable and adequate consideration, it follows that the sale is valid unless vitiated by actual fraud in which the purchaser participated, and the burden of making this proof is on the attacking creditor. — Simmons v. Shelton, 112 Ala. 284, 291; Allen v. Biddle, 141 Ala. 621, 37 So. 680; Hodges v. Coleman, 76…
1Opinion of the CourtTyson, C. J.
The bill in this cause is exhibited by creditors of J. M. Ledbetter, and seeks to subject to the payment of their debts certain property attempted to be conveyed by him, in fraud of their rights, to one Gullatt,- and to have declared void a mortgage upon this property *339by Gullatt to one Matthews. It attacks the consideration of these alleged conveyances as being simulated, and also upon the theory, if adequate consideration ivas paid for the property, that Gullatt and Matthews had notice of Ledbetter’s intent to hinder, delay, or defraud his creditors in the making of the sale to Gnllatt.
Compla…
2Cited by9 opinions
- JC Jacobs Banking Co. v. CampbellSupreme Court of Alabama · 1981
- London v. G. L. Anderson Brass WorksSupreme Court of Alabama · 1916
- McCrory v. DonaldSupreme Court of Alabama · 1915
- Burnwell Coal Co. v. SetzerSupreme Court of Alabama · 1919
- McClintock v. McEachinSupreme Court of Alabama · 1947
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