Bates v. Morris
Supreme Court of Alabama
Appeal from Birmingham City Court. Tried before the Hon. H. A. Sharpe. On February 18, 1887, W. E. Bates became indebted to Mary Morris ; and on his failure to pay said indebtedness, she brought suit against him and obtained judgment thereon in the sum of $100, on April 26, 1890. Execution haying been returned “no property found,” garnishment was issued on the judgment on July 21, 1891, and served on St. Pierre Bros.
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Appeal from Birmingham City Court. Tried before the Hon. H. A. Sharpe. On February 18, 1887, W. E. Bates became indebted to Mary Morris ; and on his failure to pay said indebtedness, she brought suit against him and obtained judgment thereon in the sum of $100, on April 26, 1890. Execution haying been returned “no property found,” garnishment was issued on the judgment on July 21, 1891, and served on St. Pierre Bros. In their answer the garnishees acknowledged indebtedness to W. E. Bates, but suggested that the money in their hands was claimed as the property of Cora Bates. After having been…
1Opinion of the Court
STONE, O. J.
The issue formed between the parties questioned the bona fides, as to the creditors of the husband of the appellant, of the transfer he had made to her of his right and interest in the lease executed to bim and Beasley by James Wilson and Minnie Constantine. The transfer purports to have been made in consideration, and for the payment of an antecedent indebtedness of the husband. If the debt was real, the pivotal inquiry was whether there was such disparity between its amount and the value of the leasehold interest, as to be indicative of fraud ; whether the appellant had'…
2Cases cited11 opinions
- Carter v. ChambersSupreme Court of Alabama · 1885
- Jackson v. StateSupreme Court of Alabama · 1884
- Scovill v. BaldwinSupreme Court of Connecticut · 1858
- Pinkston v. McLemoreSupreme Court of Alabama · 1857
- Huggins v. PerrineSupreme Court of Alabama · 1857
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3Cited by36 opinions
- Crawford v. StateSupreme Court of Alabama · 1895
- Thaggard v. VafesSupreme Court of Alabama · 1928
- Sanders v. DavisSupreme Court of Alabama · 1907
- Rutledge v. RowlandSupreme Court of Alabama · 1909
- Brock v. StateSupreme Court of Alabama · 1898
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