Warley v. Patterson

GARDNER, Justice.

Complainants were existing simple contract creditors of the defendant grantor Zavia Lartigue at the time when the deed, upon a voluntary consideration, was executed by him to his wife. There can, therefore, be no serious contention against the sufficiency of the bill as one to set aside the deed as in fraud of creditors. Section 8038, Code of 1923; Hartzog v. Andalusia National Bank, 222 Ala. 170, 131 So. 433, and authorities therein cited.

But the bill proceeds to state additional facts which give rise to grounds of demurrer interposed, and which the chancellor sustained.

It…