Harper v. Raisin Fert. Co.
Supreme Court of Alabama
Appeal from Coffee Chancery Court. Heard before Hon. W. L. Parks. Bill by the Raisin Fertilizer Company and others against R. Harper and another. From the decree, defendants appeal. Reversed and rendered. A creditor whose claim is barred by the statute of limitations cannot maintain a bill to set aside a fraudulent conveyance. — 2 Pom. Eq. Rem. sec. 889; 57 S. W. 339; 49 Am.
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Appeal from Coffee Chancery Court. Heard before Hon. W. L. Parks. Bill by the Raisin Fertilizer Company and others against R. Harper and another. From the decree, defendants appeal. Reversed and rendered. A creditor whose claim is barred by the statute of limitations cannot maintain a bill to set aside a fraudulent conveyance. — 2 Pom. Eq. Rem. sec. 889; 57 S. W. 339; 49 Am. Dec. 738. R. F. Harper, the donee, can set up any defense that the debtor could in his life.- — -51 Ala. 544; 66 Ala. 561. Demurrer is the proper way to raise this question. — 106 Ala. 424. The fact that a judgment was…
1Opinion of the Court
SIMPSON,J.'—
The bill in this case was filed by the appellees, J. P. Harper and the Raisin Fertilizer Company, against the appellants, R. Harper and R. F. Harper. J. B. Harper having died, the case was revived in the name of his representatives; and the bill was subsequently amended so as to substitute the widow, who is also executrix, in place of R. F. Harper, deceased. The bill is based upon a debt due by R. Harper to J. B. Harper, secured by a mortgage, which said debt and mortgage had been, by said J. R. Harper, transferred and assigned to said Raisin Fertilizer Company, to be held by it…
2Cases cited23 opinions
- Ward v. WatermanCalifornia Supreme Court · 1890
- Yeend v. WeeksSupreme Court of Alabama · 1893
- Lee v. Town of Mound StationIllinois Supreme Court · 1886
- Lovelace v. HutchinsonSupreme Court of Alabama · 1894
- Emory v. KeighanIllinois Supreme Court · 1880
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3Cited by15 opinions
- Ex Parte HealthSouth Corp.Supreme Court of Alabama · 2007
- Johnson v. JohnsonSupreme Court of Alabama · 1913
- Crowson v. CodySupreme Court of Alabama · 1926
- Stallworth v. StallworthSupreme Court of Alabama · 1961
- Zaner v. ThrowerSupreme Court of Alabama · 1919
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