Davis v. Stovall & Brother
Supreme Court of Alabama
Appeal from Randolph Chancery Court. Heard before Hon. W. W. Whiteside. Bill by W. S. Stovall & Brother, against Mary C. Davis and others, to set aside a conveyance as a frand upon creditors. Decree for complainants and respondents appeal.
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Appeal from Randolph Chancery Court. Heard before Hon. W. W. Whiteside. Bill by W. S. Stovall & Brother, against Mary C. Davis and others, to set aside a conveyance as a frand upon creditors. Decree for complainants and respondents appeal. The court erred in overruling the demurrers to the bill as last amended, as it is essential to allege and prove a deficiency of legal assets. — State Bank v. Ellis, 30 Ala. 478; Quarles v. Grigsby, 31 Ala. 172; Tocld v. Neal, 49 Ala. 276; 51 Ala. 544; 66 Ala. 559; 67 Ala. 402; 68 Ala. 149 ; 76 Ala. 319. The bill shows laches. — Rives v. Morris, 108 Ala.…
1Opinion of the CourtSayre, J.
This is a general creditors’ bill filed by appellees against the widow and heirs at law of A. S. Davis, deceased, seeking payment of decedent’s debts out of certain lands in Randolph county alleged to have been conveyed by him to B. C. Jones without consideration and for the purpose of hindering, delaying, or defrauding creditors, a purpose to which Jones is alleged to have been a party. In the bill it is averred that subsequent to the' conveyance Davis had died and Jones had been adjudicated a bankrupt in the federal District Court; that the trustees of his bankrupt estate, acting under and…
2Cases cited7 opinions
- Rives v. MorrisSupreme Court of Alabama · 1895
- Davis v. SwansonSupreme Court of Alabama · 1875
- Kelley v. Connell, Green & Co.Supreme Court of Alabama · 1895
- Freeman v. PullenSupreme Court of Alabama · 1898
- McClarin v. AndersonSupreme Court of Alabama · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Davis v. HarrisSupreme Court of Alabama · 1924
- Shelton v. TimmonsSupreme Court of Alabama · 1914
- Kimball v. Cunningham Hdw. Co.Supreme Court of Alabama · 1916
- Mason v. CalhounSupreme Court of Alabama · 1925
- Trotter v. BrownSupreme Court of Alabama · 1936
7 more not listed; retrieve them via the Exa API.