Legal Opinion

Callaway v. Selma Trust & Savings Bank

Supreme Court of Alabama

Decided December 16, 1926No. 5 Div. 958PublishedCited by 1 opinion

1Opinion of the CourtAnderson, C. J.

The bill of complaint is by an existing creditor against its debtor, Ralph Callaway, and his wife, Geneva Calla-way, to set aside a certain deed made by said Ralph Callaway to his said wife. While the bill sufficiently charges fraud mala fide against the grantor, it does not charge fraud on the part of the wife, but that the conveyance was without consideration and voluntary as to her. Tyson v. Southern Cotton Oil Co., 181 Ala. 256, 61 So. 278; Woods v. Potts, 140 Ala. 425, 37 So. 253. As the bill charged that the deed was without consideration, it was immaterial whether the wife did or did.…

2Cases cited2 opinions

  1. Tyson v. South. C. O. Co.Supreme Court of Alabama · 1913
  2. Wood v. PottsSupreme Court of Alabama · 1903

3Cited by1 opinion

  1. Harris v. First Nat. Bank of TuscumbiaSupreme Court of Alabama · 1933

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