Jones v. Massey
Supreme Court of Alabama
Appeal from the Chancery Court of Coosa. Heard before the Hon. 8. K. McSpadden. The bill in this case was filed on the 2d January, 1886, by E. Y. Jones, against Alfred J. Massey; and sought' to set aside conveyances of his property by said Massey, alleged to have been made with the intent to defraud the complainant and other creditors.
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Appeal from the Chancery Court of Coosa. Heard before the Hon. 8. K. McSpadden. The bill in this case was filed on the 2d January, 1886, by E. Y. Jones, against Alfred J. Massey; and sought' to set aside conveyances of his property by said Massey, alleged to have been made with the intent to defraud the complainant and other creditors. The complainant’s debt, according to the allegations of the bill, was evidenced by the defendant’s promissory note for $85, dated December 1st, 1885, and payable on the 1st March, 1886. The bill alleged, that said Massey was a partner in the firm of Bazemore…
1Opinion of the CourtClopton, J.
The bill is filed under» section 3886 of the Code, which authorizes a creditor without a lien to file a bill in chancery, to subject to the payment of his debt any property which lias been fraudulently transferred, or attempted to be fraudulently conveyed, by his debtor. The purpose and operation of the statute are to dispense with the necessity of obtaining a judgment at law, thereby establishing the justness of the demand, and to confer on a creditor without a lien the rights of a judgment creditor, so far as a judgment was essential to the jurisdiction of the court. The statute does not…
2Cases cited1 opinion
- Flewellen v. CraneSupreme Court of Alabama · 1877
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- Horan v. HoranSupreme Court of Alabama · 1953
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