Elyton Land Co. v. Iron City Steam Bottling Works
Supreme Court of Alabama
Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. (1.) Where the husband pays the purchase money and and takes the title in the name of his wife, she will be declared a trustee in invihtm for his creditors. — Hardin v. Darwin, 66 Ala. 55; Moore v. Worthy, 56 Ala. 163. (2.) A voluntary conveyance to the wife by the husband, when the husband is largely indebted, as against subsequent creditors whose debts are contracted before the debts existing…
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Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. (1.) Where the husband pays the purchase money and and takes the title in the name of his wife, she will be declared a trustee in invihtm for his creditors. — Hardin v. Darwin, 66 Ala. 55; Moore v. Worthy, 56 Ala. 163. (2.) A voluntary conveyance to the wife by the husband, when the husband is largely indebted, as against subsequent creditors whose debts are contracted before the debts existing at the time of the gift are paid, is presumptively fraudulent and void. — Read v. Livingstone, 3 Johns. Chan. 481; 2…
1Opinion of the CourtColeman, J.
The Merchants Insurance Company, with other insurance companies, issued certain policies *604of insurance in the name of and for the benefit of the Iron City Steam Bottling Co.', the appellee. The property insured having been destroyed by fire, Mrs. M. E. Mustin claimed the insurance money, as the owner of the insured interest. The Elyton Land Company sued R. W. Mustin, the husband of M. E. Mustin, and summoned the insurance companies to answer as garnishees. The insurance companies filed a bill of interpleader, in which the facts were stated, that there were contending claimants for the money,…
2Cases cited6 opinions
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Cromwell v. . the Brooklyn Fire Ins. Co.New York Court of Appeals · 1870
- Nordyke & Marmon Co. v. GeryIndiana Supreme Court · 1887
- Carter v. RockettNew York Court of Chancery · 1840
- Shealy v. EdwardsSupreme Court of Alabama · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Smith v. PittsSupreme Court of Alabama · 1910
- Dixon v. HayesSupreme Court of Alabama · 1911
- Atlantic Coast Line R. Co. v. KellyAlabama Court of Appeals · 1918
- Jones v. WrightSupreme Court of Alabama · 1931
- Ogletree v. TateSupreme Court of Alabama · 1932