Smith v. M. C. McAdams & Co.
Supreme Court of Alabama
Appeal from Circuit Court, Lamar County ; Henry B. Foster, Judge. Bill by M. C. McAdams & Company against M. V. Smith, Bettie Smith, and J. A. Guin, to declare certain deeds fraudulent and void, and to condemn the property therein conveyed to the payment of a judgment belonging to the complainant. From a decree granting the relief prayed as to the deed to Bettie Smith and denying it as to the deed to Guin, Bettie Smith appeals.
Read the full summary
Appeal from Circuit Court, Lamar County ; Henry B. Foster, Judge. Bill by M. C. McAdams & Company against M. V. Smith, Bettie Smith, and J. A. Guin, to declare certain deeds fraudulent and void, and to condemn the property therein conveyed to the payment of a judgment belonging to the complainant. From a decree granting the relief prayed as to the deed to Bettie Smith and denying it as to the deed to Guin, Bettie Smith appeals. The facts made by the bill are that Mc-Adams & Co. had procured a. judgment against M. V. Smith and Guff Smith, together with the cost of suit, and had the same…
1Opinion of the CourtSomervilre, J.
The bill of complaint seeks to set aside the conveyance in question on the ground that its recited consideration was simulated and fictitious; that is, that there was in fact no consideration at all.
[1] The allegations of this bill — assuming, as the undisputed evidence shows, that complainants’ claim against the grantor antedated the conveyance — imposed upon the respondent-grantee the burden of showing the payment therefor of a valuable consideration, and if that consideration was the satisfaction of an existing indebtedness due from the grantor to the grantee, it must be shown also that it…
2Cases cited6 opinions
- State ex rel. Saunders v. KohnkeSupreme Court of Louisiana · 1903
- London v. G. L. Anderson Brass WorksSupreme Court of Alabama · 1916
- Robinson v. MoseleySupreme Court of Alabama · 1890
- Gamble v. Aultman & Co.Supreme Court of Alabama · 1899
- Freeman v. StewartSupreme Court of Alabama · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Umphrey v. BarfieldSupreme Court of Alabama · 1939
- R. W. Allen & Co. v. SandsSupreme Court of Alabama · 1927
- Harrison v. American Agricultural Chemical Co.Supreme Court of Alabama · 1930
- Smith v. BunchSupreme Court of Alabama · 1954
- Beck v. VannSupreme Court of Alabama · 1940
1 more not listed; retrieve them via the Exa API.