Whaley v. First Nat. Bank of Opp.

BOULDIN, Justice.

The appeal is from a decree overruling a demurrer to a bill in equity.

The bill was filed by First National Bank of Opp, Ala., against appellant J. A. Whaley and Lawler Watson, respondents, to annul a mortgage upon lands, executed by Whaley to Watson, upon the ground that the mortgage was fraudulent and void as against complainant, an existing creditor of the grantor.

The bill alleges such conveyance was purely voluntary, the recited consideration false and simulated. Under well-known rules, such conveyance was constructively fraudulent without regard to the solvency or…