Wedgworth v. Wedgworth
Supreme Court of Alabama
Appeal from Hale Chancery Court. Heard before Hon. Thomas Cobbs. The bill was filed by Middleton Wedgworth, a judgment creditor, and sought to set aside as fraudulent a conveyance of lands by John M. Wedgworth to his wife Nancy A., and to subject said lands to payment of the indebtedness of John M. to Middleton Wedgworth. On final decree the conveyance was set aside, and the lands ordered to be sold in payment of said indebtedness.
1Opinion of the CourtStone, C. J.
There was a demurrer to this bill on the ground of multifariousness, in this: That the bill seeks to set aside a conveyance from John M. Wedgworth to his wife as fraudulent, and, in one and the same suit, seeks to condemn the land conveyed to the payment of John’s debt. The former branch of relief is only an incident — a necessary incident to the latter. There is not only no incompatibility in the two elements constituting the relief prayed, but, filed as this bill was by a creditor, the one is the indispensable complement of the other. Only a creditor can complain of such fraud, as an…
2Cases cited4 opinions
- Pollak v. SearcySupreme Court of Alabama · 1887
- Johnston & Seats v. Smith's Adm'rSupreme Court of Alabama · 1881
- Stone v. Knickerbocker Life InsuranceSupreme Court of Alabama · 1875
- Wilkinson v. Bradley, Wilson & Co.Supreme Court of Alabama · 1875
3Cited by7 opinions
- London v. G. L. Anderson Brass WorksSupreme Court of Alabama · 1916
- Robinson v. MoseleySupreme Court of Alabama · 1890
- Tutwiler v. Tuskaloosa Coal, Iron & Land Co.Supreme Court of Alabama · 1889
- Wood & Son v. RileySupreme Court of Alabama · 1898
- Claflin & Thayer v. AmbroseSupreme Court of Florida · 1896
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