Proskauer v. People's Savings Bank
Supreme Court of Alabama
Bill in Equity by Creditor to set aside Fraudulent Convey-. anees, Appeal from the Chancery Court of Mobile. Heard before the Hon. John A. Foster.
Read the full summary
Bill in Equity by Creditor to set aside Fraudulent Convey-. anees, Appeal from the Chancery Court of Mobile. Heard before the Hon. John A. Foster. The bill in this case was filed on the 29th August, 1884, by the People’s Savings Bank, a domestic corporation located and doing business in the city of Mobile, as a creditor of Adolph Proskauer, against the said Proskauer, his wife, Mrs. Julia Proskauer, and George F. Werborn ; and sought to set aside, on the ground of fraud, a conveyance of real estate in the city of Mobile executed by said Proskauer to said Werborn, and a subsequent conveyance…
1Opinion of the CourtClopton, J.
Conceding that a general averment of fraud is insufficient, and that the facts out of which the supposed fraud arises, must be alleged, the bill is not obnoxious to this objection. It alleges facts, which, if true — and the demurrer admits them to be true — characterize both conveyances— the one to Werborn, and the one to Julia Proskauer — -as fraudulent against the creditors of Adolph Proskauer; and alleges that the grantees had knowledge of, and participated in the fraud.
The ground of demurrer, that the bill is filed in two incompatible aspects, is founded on a misconception of the frame,…
2Cases cited4 opinions
- Fellows v. LewisSupreme Court of Alabama · 1880
- Sims v. GainesSupreme Court of Alabama · 1879
- Lockard v. NashSupreme Court of Alabama · 1879
- Tatum v. HunterSupreme Court of Alabama · 1848
3Cited by9 opinions
- Washington v. NorwoodSupreme Court of Alabama · 1900
- American Nat. Bank & Trust Co. v. PowellSupreme Court of Alabama · 1937
- Pollak v. SearcySupreme Court of Alabama · 1887
- Pritchett v. Pollock & Co.Supreme Court of Alabama · 1886
- Harmon v. McRaeSupreme Court of Alabama · 1890
4 more not listed; retrieve them via the Exa API.