Schall v. Weil

• Decision Date: 24 May 1894
• Citation: 103 Ala. 411,15 So. 829
• Court: Alabama Supreme Court
• Parties: SCHALL ET AL. v. WEIL ET AL.

15 So. 829

103 Ala. 411

SCHALL ET AL. v. WEIL ET AL.

Supreme Court of Alabama

May 24, 1894

Appeal from chancery court, Lauderdale county; Thos. Cobbs Chancellor.

Bill by Henry Weil and another against Charles Schall and another to set aside as fraudulent a conveyance of land. Judgment for plaintiffs, and defendants appeal. Affirmed.

The bill alleges, that on the 3d day of October, 1892 complainants recovered a judgment against William Schall, for $173.70, and $30 costs, in the district court of Lauderdale county, which judgment was founded upon an indebtedness contracted by said Schall with complainants, prior to March 14, 1892, and that the same is still unsatisfied; that on the 14th of March, 1892, said William Schall conveyed to defendant, Charles Schall, his brother, for a recited consideration of $3,000, cash in hand paid, his undivided half interest in certain lands described in the bill; that for several years prior to March 14, 1892, said William Schall had been engaged in running a grocery at Florence Ala., and prior to that date, was indebted to complainants and other creditors, for goods, wares and merchandise furnished to him, and on information and belief, complainants charge, that he was so indebted, to the extent of $2,500, and his creditors were pressing said Schall for payment; that about six weeks prior to March 14, 1892, and about a month or six weeks prior to the spring term of the circuit court of Lauderdale county, for 1892, said William Schall left said county, and went to the state of Ohio, leaving his indebtedness to complainants and others unpaid, and from Ohio he sent a deed conveying his lands and lots in said county described in the bill, to his brother, Charles Schall. And it is averred, that the real estate described in the bill was worth the sum of $3,000, at the time it was conveyed to said Charles Schall, but it is charged that said conveyance was voluntary and without consideration, and was made for the purpose of preventing said property from being subjected to the satisfaction of said indebtedness due from said William Schall to the complainants and his other creditors, and for the purpose of hindering, delaying and defrauding the creditors of William Schall. The bill contains the alternative statement, that if complainants are mistaken in stating that said conveyance was wholly voluntary and without consideration, then complainants charge, that the consideration expressed in said deed is in large part, if not altogether simulated; that Charles Schall has not paid William Schall the consideration mentioned in said deed, for said lands; that he holds the interest of William Schall in said lands, upon some secret trust for the benefit of said William, and for the purpose of shielding the said property from being subjected to the satisfaction of the debts due from said William, at the time said conveyance was executed and it is averred that said conveyance was executed for the purpose of hindering, delaying and defrauding the creditors of said William. The prayer is, that said conveyance be declared fraudulent and void, and for a sale of said William Schall's undivided half interest in said lands, or so much thereof as may be necessary for the satisfaction of the amount due complainants, and costs of this suit, and for general relief. The bill was taken as confessed, as to William Schall. The defendant, Charles Schall, answered, that he had no knowledge of the indebtedness of said William to complainants, as averred in the bill, and...