Williams v. Spragins, Buck & Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Lee. Heard before the Hon. S. K. McSpakdbn. The bill is filed by the complainants, appellees here, ■as creditors of 14. G. Williams, to set aside as fraudulent conveyances made by him to his children, and a mortgage made by him to one Montgomery, which is alleged to have also been fraudulently made.
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Appeal from the Chancery Court of Lee. Heard before the Hon. S. K. McSpakdbn. The bill is filed by the complainants, appellees here, ■as creditors of 14. G. Williams, to set aside as fraudulent conveyances made by him to his children, and a mortgage made by him to one Montgomery, which is alleged to have also been fraudulently made. The bill alleges that said R. G. Williams became indebted to the complainants as follows, to Spragins, Buck & Co. for goods, wares and merchandise sold to him by them, in the summer and fall of 1892, amounting to the sum of $8,818.40 ; to The Perry Manufacturing…
1Opinion of the CourtHaralson, J.
I. The demurrer to the bill questions the sufficiency of its allegations, as charging fraud in'the defendant, R. G. Williams, in the execution'of the voluntary conveyances to his children, and the mortgage by him and his minor son, C. P. Williams, to Montgomery. If tainted with actual fraud, the rule is, that voluntary conveyances are void, even as to subsequent purchasers. — Dickson v. McLarney, 97 Ala. 383.
As to averments charging fraud, it is well settled, that complainant is not bound to aver all his matters of evidence tending to establish fraud, but he must show, with accuracy and…
2Cases cited8 opinions
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Lehman v. MeyerSupreme Court of Alabama · 1880
- Pickett v. PipkinSupreme Court of Alabama · 1879
- Hinds v. HindsSupreme Court of Alabama · 1885
- Pollak v. SearcySupreme Court of Alabama · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Georgia Cotton Co. v. LeeSupreme Court of Alabama · 1916
- Cullman Property Co. v. H. H. Hitt Lumber Co.Supreme Court of Alabama · 1917
- Western Ry. v. RussellSupreme Court of Alabama · 1905
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1901
- Town of Vernon v. WedgeworthSupreme Court of Alabama · 1906
21 more not listed; retrieve them via the Exa API.