Porter v. Harrison

• Decision Date: 21 November 1899
• Citation: Porter v. Harrison, 124 Ala. 296, 27 So. 302 (Ala. 1899)
• Parties: PORTER ET AL. v. HARRISON. [1]
• Court: Alabama Supreme Court

27 So. 302

124 Ala. 296

PORTER ET AL. v. HARRISON. ^[1]

Supreme Court of Alabama

November 21, 1899

Appeal from chancery court, Lawrence county; William H. Simpson Judge.

Bill by J. B. Harrison against J. T. Porter and others.Decree for plaintiff, and defendants appeal.Reversed.

The bill in this case was filed by the appellee, J. B. Harrison against the appellants.The complainant files the bill as the assignee of several judgments against J. T. Porter, and the bill alleges that J. T. Porter was insolvent; that on October 15, 1892, J. T. Porter sold and conveyed to D. K. Emens a house and lot in Hillsboro, Ala., the deed reciting a consideration of $800, but that Emens did not pay anything for said deed, which was voluntary, and without consideration, and void; that on September 5, 1893, J. T Porter bought from Catherine R. Baker a certain specifically described tract of land containing 170 acres, and had the deed made to his wife, Nora B. Porter; that Nora B. Porter the wife of J. T. Porter, had no money with which to buy the land, and paid no money therefor, but that the land was paid for with Porter's money, and by D. K. Emens conveying the land which J. T. Porter had formerly conveyed to him to Catherine R. Baker.It was then averred specifically that said transactions were made for the purpose of hindering delaying, and defrauding the creditors of J. T. Porter, and that J. Porter, before the conveyance of the house and lot in Hillsboro, had abandoned the same as his homestead.The prayer of the bill was that the lands conveyed by Catherine R. Baker to Nora B. Porter be subjected to the payment of complainant's debts, on the ground that said lands were paid for with money and property of J. T. Porter, which were liable to said judgments at the time of the execution of the several conveyances.The defendants filed separate answers in which they separately denied the allegations of fraud, and in which they set up that the property conveyed to Emens by J. T. Porter constituted his homestead, and that Nora B. Porter paid her own money in part for the lands conveyed by Catherine R. Baker, and that D. K. Emens conveyed the house and lot to Catherine R. Baker as a part of the purchase price of the lands which she conveyed to Nora B. Porter, under an agreement made between said Nora B. Porter and said D. K. Emens, and that said transactions were had in good faith.The other facts of the case are sufficiently stated in the opinion.On the final submission of the cause on the pleadings and proof the chancellor held that the deed from Catherine R. Baker to Nora B. Porter was not shown to have been a bona fide transaction, and supported by valuable and adequate consideration, but was executed with the intention to hinder, delay, and defraud the creditors of J. T. Porter, and that J....