Craft & Co. v. Stoutz
Supreme Court of Alabama
Appeal from tbe Chancery Court of Mobile. Heard before tbe Hon. Wi. H. Tavloe. Tbe bill in this case was filed on tbe 14th November, 1890, by Jobn Craft, doing business under tbe name of Craft & Co., against Mrs. Julia J. Stoutz, both individually and as executrix of tbe will of her deceased husband, F. Arnold Stoutz, and contained these allegations : (1.) That said F. A. Stoutz was indebted to complainant, January 1st, 1883, for goods sold and delivered, and tbe…
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Appeal from tbe Chancery Court of Mobile. Heard before tbe Hon. Wi. H. Tavloe. Tbe bill in this case was filed on tbe 14th November, 1890, by Jobn Craft, doing business under tbe name of Craft & Co., against Mrs. Julia J. Stoutz, both individually and as executrix of tbe will of her deceased husband, F. Arnold Stoutz, and contained these allegations : (1.) That said F. A. Stoutz was indebted to complainant, January 1st, 1883, for goods sold and delivered, and tbe indebtedness continued to increase until August 19th, 1885, when be executed to complainant bis several promissory notes for tbe…
1Opinion of the Court
COLEMAN, J.'
Craft & Co., complainants, as creditors of the estate of F. Arnold Stoutz, filed the present bill to subject to the payment of their claim certain property, the *248legal title to wbicli is in tbe name of bis wife, tbe respondent.
It is unnecessary to consider tbe validity of tbe deed of 1883, by wbicb Arnold Stoutz, tbe husband, conveyed tbe homestead to bis wife. If null and void for want of consideration, or defective execution of tbe conveyance, or for any other cause, tbe mortgage on this property executed by Stoutz and wife to Phoebe A. Tuthill, on tbe 1st day of April, 1884, is…
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