Hanvey v. F. M. Formby Co.

• Decision Date: 05 April 1917
• Docket Number: 7 Div. 856
• Citation: 75 So. 1003,200 Ala. 696
• Parties: HANVEY et al. v. F.M. FORMBY CO. et al.
• Court: Alabama Supreme Court

75 So. 1003

200 Ala. 696

HANVEY et al. v. F.M. FORMBY CO. et al.

7 Div. 856

Supreme Court of Alabama

April 5, 1917

Appeal from City Court of Anniston; Thomas W. Coleman, Jr., Judge.

Bill by the F.M. Formby Company and others against George Hanvey and others.

Decree for plaintiffs, and defendants appeal. Affirmed.

T. Ben Kerr, of Piedmont, and P.F. Wharton, of Anniston, for appellants.

Knox, Acker, Dixon & Sterne, of Anniston, for appellees.

THOMAS, J.

It is unnecessary to restate the law applicable to a creditors' bill to set aside a fraudulent conveyance of real property. The cases having application have been recently collected and discussed in McCrory et al. v. Donald, 192 Ala. 312, 68 So. 306. The testimony has been carefully considered, and without presumption in favor of the ruling of the chancellor; and we are of the opinion that the correct conclusion was reached. The burden of proof was not discharged by the vendee. Thompson v. Tower Mfg. Co., 104 Ala. 140, 16 So. 116; Woolen v. Steele, 109 Ala. 563, 19 So. 972, 55 Am.St.Rep. 947; British & Amer. Mortg. Co. v. Norton, 125 Ala. 522, 28 So. 31. The decree of the city court of Anniston, sitting in equity, is affirmed. Affirmed.

ANDERSON, C.J., and MAYFIELD and SOMERVILLE, JJ., concur.