Gordon v. McIlwain
Supreme Court of Alabama
Appeal from tbe City Court of Selma, in equity. Heard before the Hon. Jon a. Haralson. ■Tbe bill in this case was filed by W. G. GordoD, as a judgment creditor of Samuel P. Mcllwain, against tbe said Samuel P. and his brother, John H. Mcllwain ; and sought to set aside, on the ground of fraud, a conveyance of lands executed by said Samuel P. to John H., and to subject the property to the satisfaction of the complainant’s judgment.
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Appeal from tbe City Court of Selma, in equity. Heard before the Hon. Jon a. Haralson. ■Tbe bill in this case was filed by W. G. GordoD, as a judgment creditor of Samuel P. Mcllwain, against tbe said Samuel P. and his brother, John H. Mcllwain ; and sought to set aside, on the ground of fraud, a conveyance of lands executed by said Samuel P. to John H., and to subject the property to the satisfaction of the complainant’s judgment. On final hearing, on pleading and proof, the bill was dismissed ; and the decree dismissing it is now assigned as error. cited the following authorities : Pickett…
1Opinion of the CourtStone, C. J.
— This is a suit in equity by a judgment creditor, and seeks to subject real estate to the payment of the judgment, on the alleged ground that the debtor transferred his property to delay, hinder, and defraud his creditors. The bill charges that, on January 19, 1885, appellant, as plaintiff, recovered a judgment against Samuel P. McIIwain, on which execution had been issued, and returned no property found; that six days before that time, viz., January 13, 1885, the said Samuel P. McIIwain conveyed his real estate by warranty deed to John H. McIIwain, his brother, on a recited consideration of…
2Cases cited11 opinions
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Hubbard v. AllenSupreme Court of Alabama · 1877
- Pickett v. PipkinSupreme Court of Alabama · 1879
- Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1881
- Harrell v. MitchellSupreme Court of Alabama · 1878
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3Cited by16 opinions
- Pollak v. SearcySupreme Court of Alabama · 1887
- Wood & Son v. RileySupreme Court of Alabama · 1898
- Thomson v. CraneU.S. Circuit Court for the District of Nevada · 1896
- Marx Bros. v. LeinkauffSupreme Court of Alabama · 1890
- Shelby v. TardySupreme Court of Alabama · 1887
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