Opinion

Green v. First Nat. Bank of Jacksonville

  • 224 Ala. 47
  • 138 So. 550
  • 1931 Ala. LEXIS 25
Court
Supreme Court of Alabama
Filed
Dec 17, 1931
Status
Published
Author
Brown
On the bench
Anderson, Brown, Knight, Thomas
Cited by
4 cases
Authority
More cited than 65.0%

The opinion

BROWN, J.

The bill in this case is by the appellee, a simple contract creditor, filed against its debtor and his alleged fraudulent grantees,

to

set aside and annul several conveyances made to each of said fraudulent grantees and subject the property conveyed to the satisfaction of the debt due the complainant.

The respondents’ demurrer to the bill takes the points that the bill is multifarious be-cáuse it joined several grantees of the debtor, who were claiming under separate and distinct conveyances, and that there is a mis-joinder of parties defendant.

It is well settled that different grantees of the same debtor, though they claim and hold under different conveyances affecting different property, may be joined in the same bill to cancel such conveyances and subject the property to the satisfaction of the debts due from their common grantor. Wilson v. First Nat. Bank of Gadsden, 209 Ala. 70 , 95 So. 340 ; Harrison et al. v. Stuart, 219 Ala. 405 , 122 So. 623 ; McCarty v. Robinson et al., 222 Ala. 55 , 130 So. 680 .

Nor is such bill multifarious because it seeks, in the alternative, to have such conveyances declared a general assignment for the benefit of creditors. James Supply Co. et al. v. Frost et al., 214 Ala. 226 , 107 So. 57 ; Smith v. Young, 173 Ala. 197 , 55 So. 425 .

The demurrer to the bill was not well taken and was properly overruled.

Affirmed.

ANDERSON, C. J., and THOMAS and KNIGHT, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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