Kennedy v. First National Bank
Supreme Court of Alabama
Appeal from the Chancery Court of Tuscaloosa. Heard before the Hon. Thomas Cobbs. The First National Bank of Tuscaloosa, as a judgment creditor of John S. Kennedy, filed a bill against the said John S. Kennedy and his grantees to set aside as fraudulent a conveyance of land by said John S- Kennedy to his co-respondents, and to subject said lands to the satisfaction of the judgment.
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Appeal from the Chancery Court of Tuscaloosa. Heard before the Hon. Thomas Cobbs. The First National Bank of Tuscaloosa, as a judgment creditor of John S. Kennedy, filed a bill against the said John S. Kennedy and his grantees to set aside as fraudulent a conveyance of land by said John S- Kennedy to his co-respondents, and to subject said lands to the satisfaction of the judgment. The grantor debtor and his grantees answered the bill, each denying the alleged fraud; the grantor denying that he had or owned any interest in the lands conveyed, and the grantees asserting that they were bona…
1Opinion of the Court
McCLELLAN and HARALSON, JJ.
The authorities áre well nigh uniform in support of the proposition, that where there is a fraudulent conveyance of property constituting or including the homestead, which is subsequently annulled at the suit of a creditor, the grantor is not estopped as against the creditor to assert his right of homestead in rhe premises. And the reason for this doctrine is found in the creditor’s want of interest in that which is not liable for debt. Thus, it is said by Judge Thompson : “It has been frequently held that a conveyance by husband and wife of real estate in which the…
2Cases cited50 opinions
- Vogler v. MontgomerySupreme Court of Missouri · 1874
- Malloney v. . HoranNew York Court of Appeals · 1872
- Bean v. SmithU.S. Circuit Court for the District of Rhode Island · 1821
- Smith's v. CockrellSupreme Court of Alabama · 1880
- Russell's heirs v. Marks' heirsCourt of Appeals of Kentucky · 1860
45 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Ragland v. StateSupreme Court of Alabama · 1899
- Manchuria S. S. Co. v. Harry G. G. Donald & Co.Supreme Court of Alabama · 1917
- Beall v. PinckneyCourt of Appeals for the Fifth Circuit · 1945
- In Re FiteSupreme Court of Alabama · 1933
- Majors v. KillianSupreme Court of Alabama · 1935
45 more not listed; retrieve them via the Exa API.