McClarin v. Anderson
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. Wm. H. Tayloe. This was a bill in equity filed by the appellee, Thomas Anderson, against the appellant, Mary J. McClarin, the widow of Robert McClarin, deceased, to have set aside as fraudulent and void a conveyance of land executed by said Robert McClarin and Mary J. McClarin to James Robertson, and another conveyance executed by said James Robertson to the defendant, Mary J. McClarin, and to subject the…
Read the full summary
Appeal from the Chancery Court of Mobile. Heard before the Hon. Wm. H. Tayloe. This was a bill in equity filed by the appellee, Thomas Anderson, against the appellant, Mary J. McClarin, the widow of Robert McClarin, deceased, to have set aside as fraudulent and void a conveyance of land executed by said Robert McClarin and Mary J. McClarin to James Robertson, and another conveyance executed by said James Robertson to the defendant, Mary J. McClarin, and to subject the property covered by these conveyances to the payment of a judgment recovered by the complainant against said Robert McClarin…
1Opinion of the CourtHead, J.
1. The personal representative of the deceased fraudulent grantor had no interest whatever in the property fraudulently conveyed (Davis v. Swanson, Admr., 54 Ala. 277); and it is now the rule of decision in this court that he is not a necessary party in cases of this kind (Staton, et. al. v. Rising, 103 Ala. 454); and the reasoning of the following cases leads to the same results: Coffee Admr. v. Norwood, 81 Ala. 517; Handley v. Heflin, 84 Ala. 600.
2. Unaffected by statute, the rule was and is that a creditor seeking to subject equitable assets must aver and prove that he has exhausted his…
2Cases cited6 opinions
- Coffey v. Norwood & NorwoodSupreme Court of Alabama · 1886
- Handley v. HeflinSupreme Court of Alabama · 1887
- McLaren v. AndersonSupreme Court of Alabama · 1886
- Davis v. SwansonSupreme Court of Alabama · 1875
- McClarin v. AndersonSupreme Court of Alabama · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Terrell v. NelsonSupreme Court of Alabama · 1917
- Kimball v. Cunningham Hdw. Co.Supreme Court of Alabama · 1916
- Davis v. Stovall & BrotherSupreme Court of Alabama · 1914
- Henderson v. Farley National BankSupreme Court of Alabama · 1898
- Trotter v. BrownSupreme Court of Alabama · 1936
5 more not listed; retrieve them via the Exa API.