Ladd v. Smith
Supreme Court of Alabama
Appear from the Chancery Court of Mobile. Heard before the Hon. W. H. Tayloe. The bill in this case was filed on October 4, 1892, by the appellee, Daniel E. Smith, as trustee under the will of Frank Conlon, deceased, against the appellants, John M. Ladd, Martha M. Ladd, his wife and the People’s Bank of Mobile, a corporation under the laws of Alabama.
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Appear from the Chancery Court of Mobile. Heard before the Hon. W. H. Tayloe. The bill in this case was filed on October 4, 1892, by the appellee, Daniel E. Smith, as trustee under the will of Frank Conlon, deceased, against the appellants, John M. Ladd, Martha M. Ladd, his wife and the People’s Bank of Mobile, a corporation under the laws of Alabama. The complainant averred in his bill, that in his capacity as trustee, he recovered judgment against John M. Ladd on May 22, 1891, for $5,000, execution upon which was issued and returned no property found ; that a certified transcript of said j…
1Opinion of the CourtHaralson, J.
1, The demurrer to the bill was properly overruled. The complainant was a judgment creditor, with an execution, issued thereon, returned no property found ; and besides, it is shown, that the judgment having been rendered against the defendant in his favor, on the 22 May, 1891, was duly recorded in the probate office of Mobile county, on the 7th April, 1892. As such judgment creditor, he had an election to proceed by bill in equity to have the alleged fraudulent conveyance and transfer of said stock set aside, for the purpose of making his lien effectual. — Code,§ 1735; Evansv. Welch, 63 Ala.…
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