Legal Opinion

Lunday v. Jones

Supreme Court of Alabama

Decided February 14, 1920No. 4 Div. 830PublishedCited by 25 opinions

Appeal from Circuit Court, Covington County; A. B. Foster, Judge. Bill by W. H. Jones and another against H. S. Lunday and another to set aside a conveyance as a fraud upon creditors. From the decree entered, the respondents appeal. Bill by appellees against appellants to set aside a' conveyance executed by the husband to the wife (respondents) as a fraud against complainants who were creditors.

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Appeal from Circuit Court, Covington County; A. B. Foster, Judge. Bill by W. H. Jones and another against H. S. Lunday and another to set aside a conveyance as a fraud upon creditors. From the decree entered, the respondents appeal. Bill by appellees against appellants to set aside a' conveyance executed by the husband to the wife (respondents) as a fraud against complainants who were creditors. The cause was tried before the court upon oral testimony on May 20, 1919 (no note of testimony appearing in the record), and decree rendered granting the relief sought, from which decree respondents…

1Per curiam

The majority of the court, consisting of ANDERSON, C. J., McCLELLAN, SAYRE, THOMAS, and BROWN, JJ., are of the opinion that the cause should be reversed for the reason there was no note of testimony as required by Chancery Practice Rule 75 (Code 1907, p. 1551), under the authority of the recent ca&e of Potts v. Court of Com’rs, 203 Ala. 300, 82 South. 550, and the several authorities therein cited.

It therefore results that the decree is reversed, and the cause remanded.

Reversed and remanded.

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2Cases cited1 opinion

  1. Potts v. Court of CommissionersSupreme Court of Alabama · 1919

3Cited by25 opinions

  1. Capps v. NordenSupreme Court of Alabama · 1954
  2. Brassell v. BrassellSupreme Court of Alabama · 1921
  3. Allen v. AllenSupreme Court of Alabama · 1931
  4. Crews v. State Ex Rel. PattersonSupreme Court of Alabama · 1921
  5. Johnston v. JohnstonSupreme Court of Alabama · 1934

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