Beall & Coston v. Lehman Durr Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Crenshaw. Heai:d before the Hon. Jerk N. Williams. The Lehman Durr Co. filed this bill against Beall & Coston and George A. Folmar, to set aside as constructively, or as actually, fraudulent, a deed executed by said Beall & Coston to said Folmar, on the 20th of October, 1894, by which they conveyed to the said Folmar their entire stock of goods and merchandise in their two stores in which they carried on a mercantile business at Luverne,…
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Appeal from the Chancery Court of Crenshaw. Heai:d before the Hon. Jerk N. Williams. The Lehman Durr Co. filed this bill against Beall & Coston and George A. Folmar, to set aside as constructively, or as actually, fraudulent, a deed executed by said Beall & Coston to said Folmar, on the 20th of October, 1894, by which they conveyed to the said Folmar their entire stock of goods and merchandise in their two stores in which they carried on a mercantile business at Luverne, Alabama. It is alleged, that said Beall & Coston were indebted to complainant before the date of the execution of said…
1Opinion of the CourtHaralson, J.
1. It is well settled, that a solvent debtor, as well as one who is insolvent, may be guilty of a fraudulent intent in the sale of his property ; that such a debtor may convert his property into money for the purpose of putting it beyond the reach of his creditors, and a vendee who purchases with a knowledge of such fraudulent purpose, for a eash consideration, is a participator in the fraud and acquires no title as against creditors ; and that a voluntary conveyance is void per se as to existing creditors without any regard to the intention of the parties, or to the circumstances of the…
2Cases cited6 opinions
- Shipman v. FurnissSupreme Court of Alabama · 1881
- Yeend v. WeeksSupreme Court of Alabama · 1893
- Smith v. Collins & GriffithSupreme Court of Alabama · 1891
- Dickson v. McLarneySupreme Court of Alabama · 1892
- Tillman v. ThomasSupreme Court of Alabama · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- City of Birmingham v. Louisville N. R. Co.Supreme Court of Alabama · 1926
- McCrory v. DonaldSupreme Court of Alabama · 1915
- Ginn v. HardySupreme Court of Alabama · 1900
- Little v. Sterne & Co.Supreme Court of Alabama · 1899
- McMahon v. McMahonSupreme Court of Alabama · 1910
16 more not listed; retrieve them via the Exa API.