Legal Opinion · Concurrence

Pierce v. Pierce

Supreme Court of Alabama

Decided October 28, 1994No. 1930363Published

1ConcurrenceHouston, Justice

I concur to affirm the judgment setting-aside as fraudulent the conveyance of 150 acres of land from Fritz Pierce (who died before this action was filed) to the defendants, Minnie T. Pierce and her deceased husband, Fred. The plaintiffs claim, being equitable in nature, survived against the personal representative of Fritz Pierce’s estate. See Ala.Code 1975, § 6-5-464(b):

“All claims equitable in nature upon which no action has been filed shall survive in favor of and against the personal representatives, heirs, or successors of deceased persons who, but for their death, could have enforced…

2Cases cited5 opinions

  1. Simmons v. Clark Equipment Credit Corp.Supreme Court of Alabama · 1989
  2. Trotter v. BrownSupreme Court of Alabama · 1936
  3. Southern Railway Co. v. HartshornSupreme Court of Alabama · 1907
  4. Kimball v. GreigSupreme Court of Alabama · 1872
  5. Gilmore, Farris & Associates, Inc. v. Pickens County Nursing Home, Inc.Supreme Court of Alabama · 1974

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