Moore v. Altom
| Decision Date | 15 April 1915 |
| Docket Number | 801 |
| Parties | MOORE et al. v. ALTOM. |
| Court | Alabama Supreme Court |
Appeal from Chancery Court, Jackson County; W.H. Simpson Chancellor.
Bill by J.B. Altom against D.D. Moore and others to declare a deed fraudulent and void as to creditors. From a decree overruling demurrers to bill, respondents appeal. Affirmed.
Complainant is a resident of the state of Tennessee; Moore, a resident and citizen of the state of Georgia; and Sherwood, a resident of Montgomery, Ala. The bill alleges that Moore executed to complainant a note for $1,250, due one year after date and bearing interest at the rate of 6 per cent., with the usual stipulations as to attorney's fees, etc., and that the note has not been paid in whole or in part; that, at the time of the execution of the note, respondent D.D. Moore was, and still is in equity, the owner of the following described real estate: (Here follows description.) That, subsequent to the execution of the note, Moore and wife executed to Sherwood an alleged deed for said land upon a recited consideration of $7,000. It is alleged that the consideration was simulated and that no part of same was paid as recited in said deed and that said deed was in fact void and voluntary as against complainant, and executed with the act and intent to hinder delay, or defraud complainant with the other creditors of said respondent Moore. It is further alleged that a consideration for the note held by complainant was a part of the purchase money of the identical land, advanced by defendant to Moore upon the purchase of the land from one Bailey, in that complainant and Latham negotiated a sale of said land to said Moore at the price of $3.50 per acre, $2.50 per acre of which was to be paid by her to Bailey, the owner and the remaining $1 per acre of said purchase price to complainant and Latham, and that note was given in settlement of that purchase money. It is alleged that Sherwood had notice of complainant's demand and the nature of same, and in fact that he was a party to the transaction at the time the lands were purchased and the notes executed. The bill prays for a decree declaring said deed fraudulent and void as against creditors, and further that complainant was declared to have a vendor's lien on said land, and that the same be foreclosed.
Lawrence E. Brown, of Scottsboro, for appellants.
Bouldin & Wimberly, of Scottsboro, for appellee.
This bill was filed by appellee, a creditor of Moore, against appellants. It is framed in the alternative: First, to avoid a voluntary or fraudulent conveyance made by the defendant Moore to the defendant Sherwood; and, second, to enforce a vendor's lien upon the lands described in the bill. Only a general demurrer, questioning the equity of the bill, was filed. It was overruled, and this appeal is to review that ruling alone.
If either alternative relied on for relief is sufficient against the general demurrer, an affirmance must be entered here.
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