Davenport Harris Funeral Homes v. Kennedy

Full title: DAVENPORT HARRIS FUNERAL HOMES v. KENNEDY

Court: Supreme Court of Alabama

Date published: Jan 14, 1943

Facts

The bill is defective for failure to describe the personality alleged to have been fraudulently conveyed or to the complainant’s inability to describe the same. Watson v. Watson, 229 Ala. 570, 158 So. 526. The plea and answer of the respondent were made conclusive evidence against the complainant of the facts alleged therein when introduced in evidence and noted as evidence by the complainant. Scott v. Brassell, 132 Ala. 660, 32 So. 694; Griffith v. First Nat. Bank, 224 Ala. 296, 140 So. 359. A conveyance of property in satisfaction of a preexisting debt of equal value is not fraudulent. Baker v. Drake, 148 Ala. 513, 41 So. 845; Morrison v. Morris, 85 Ala. 196, 4 So. 667; Pollock v. Meyer, 96 Ala. 172, 11 So. 385; Manchuria S. S. Co. v. Harry G. G. Donald Co., 200 Ala. 638, 77 So. 12.

One lending money to pay a prior incumbrance may be subrogated to the rights of the prior incumbrancer whose claim is satisfied. A. M. Robinson Co. v. Anniston Land Co., 217 Ala. 648, 117 So. 29; First Ave. Coal Lumber Co. v. King, 193 Ala. 438, 69 So. 549; Woodruff v. Satterfield, 199 Ala. 477, 74 So. 948; Corinth State Bank v. First Nat. Bank, 217 Ala. 632, 117 So. 216; Bolman v. Lohman, 74 Ala. 507. Sufficient facts must be alleged to constitute the fraud charged. Boutwell v. Spurlin Mercantile Co., 203 Ala. 482, 83 So. 481; Bank of Tupelo v. Hall, 178 Ala. 287, 59 So. 442.

Issue

Decision

The decree overruling the demurrer to the bill is reversed, and one is here rendered sustaining the demurrer with the usual leave to amend the bill in thirty days, and the final decree is vacated, and the cause is remanded.

Reference is made to the state of the record in connection with the note of testimony so that its legal effect may not be overlooked in another trial.

Reversed, rendered, and remanded.

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