Boutwell v. Spurlin Mercantile Co.
Supreme Court of Alabama
Appeal from Circuit Court, Covington County; A. B. Foster, Judge. Bill by tbe Spurlin Mercantile Company against J. T. Boutwell and others to declare a conveyance /fraudulent and void as made to hinder and delay creditors. Decree for complainant, and respondents appeal. The facts sufficiently appear from the opinion.
Read the full summary
Appeal from Circuit Court, Covington County; A. B. Foster, Judge. Bill by tbe Spurlin Mercantile Company against J. T. Boutwell and others to declare a conveyance /fraudulent and void as made to hinder and delay creditors. Decree for complainant, and respondents appeal. The facts sufficiently appear from the opinion. Complainant was a subsequent judgment creditor, and the allegations of the bill were insufficient. 105 Ala. 612, 18 South. 79; 155 Ala. 619, 47 South. 93; 167 Ala. 461, 52 South. 402; 117 La. 863, 42 South. 355. The bill was insufficient in its allegations of fraud in either…
1Opinion of the CourtSomerville, J.
[1] In a creditor’s suit to subject property fraudulently conveyed by his debtor, “when the complainant shows that his debt antedates the conveyance, the grantee must then show that he paid a valuable consideration—substantial, and not merely nominal. Thereupon the complainant must show that the grantee had notice of an intent by the grantor to hinder, delay, or defraud his creditors.” London v. Anderson Brass Works, 197 Ala. 16, 72 South. 359.
[2] The bill of complaint in this ease alleges that the grantor’s debt to complainant was in existence when the conveyances in question were made to…
2Cases cited8 opinions
- London v. G. L. Anderson Brass WorksSupreme Court of Alabama · 1916
- Lawson v. Alabama Warehouse Co.Supreme Court of Alabama · 1882
- Pollak v. McNeilSupreme Court of Alabama · 1893
- Martinez v. MeyersSupreme Court of Alabama · 1910
- Pippin v. TapiaSupreme Court of Alabama · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Smith v. WilderSupreme Court of Alabama · 1960
- Williams v. OvercastSupreme Court of Alabama · 1934
- Majors v. KillianSupreme Court of Alabama · 1935
- McCollum v. BurtonSupreme Court of Alabama · 1930
- Buell v. MillerSupreme Court of Alabama · 1932
11 more not listed; retrieve them via the Exa API.