Waddle v. Great Southern Phos. Co.
Supreme Court of Alabama
Appeal from Lauderdale Chancery Court. Heard before Hon. W. H. Simpson. Bill by the Great Southern Phosphate Company against M. J. Waddle to set aside a conveyance of land as fraudulent and void. Decree for complainant and respondent appeals.
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Appeal from Lauderdale Chancery Court. Heard before Hon. W. H. Simpson. Bill by the Great Southern Phosphate Company against M. J. Waddle to set aside a conveyance of land as fraudulent and void. Decree for complainant and respondent appeals. Where the payment of a valuable consideration is shown the burden is on complainant to show7 the existence' of a fraudulent intent, and knowledge on the part of the grantee. — 141 Ala. 621. This burden has not been discharged. — (¡handler Bros. v. Higgins, 156 Ala. 511. The earnings of the wife being her separate estate, or property coming to her by…
1Opinion of the Court
de GRAFFENRIED, J.
— In the case of Brunson, et al. v. Rosenheim & Son, 149 Ala. 112, 43 South. 31, this court said: “Proof of the existence of complainant’s debt before and at the time of the alleged conveyances and the complainant’s judgment, and the issue of execution thereon with the return of 'no property found,’ and the insolvency of the respondent debtor, was without conflict. The facts being shown, the bill, among other *349allegations as to the mala tides, of the transaction assailed, charging that the consideration of the conveyances was fictitious and simulated, the burden of proof was…
2Cases cited6 opinions
- Seitz v. MitchellSupreme Court of the United States · 1877
- Hodges Bros. v. Coleman & CarrollSupreme Court of Alabama · 1884
- Caldwell v. KingSupreme Court of Alabama · 1884
- Wimberly v. Montgomery Fertilizer Co.Supreme Court of Alabama · 1901
- Brunson v. Rosenheim & SonSupreme Court of Alabama · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- JC Jacobs Banking Co. v. CampbellSupreme Court of Alabama · 1981
- London v. G. L. Anderson Brass WorksSupreme Court of Alabama · 1916
- BLOUNT v. BlountMississippi Supreme Court · 1957
- Buell v. MillerSupreme Court of Alabama · 1932
- Morrison v. Federal Land Bank of New OrleansSupreme Court of Alabama · 1936
5 more not listed; retrieve them via the Exa API.