148 So. 744 | Ala. | 1933
The bill discloses that complainant has been duly appointed and qualified as the trustee in bankruptcy of the estate of George L. Maness, Jr., and as such authorized to institute this suit to have set aside a fraudulent transfer of certain real estate theretofore the property of said bankrupt. This character of suit is expressly authorized by the bankrupt laws, is very generally exercised, and the four months' limitation has no reference to such a proceeding. 2 Remington on Bankruptcy, § 1216; 7 Corpus Juris, 247; Exchange Nat. Bank v. Stewart, Trustee,
There is nothing in the bill to indicate the property alleged to have been conveyed was in any manner exempt to the bankrupt, and the argument to the contrary appears unsupported by the averments.
Whether defendant could question the competency of the trustee to serve in that capacity for any reason, we need not stop to inquire, as clearly the matter of plaintiff's age would be of a character requiring the interposition of a plea, Howland v. Wallace,
The sufficiency of the bill's averments to avoid the transfer of the property as in fraud of the creditors does not appear to be otherwise questioned. It appears the deed was signed by mark, and witnessed by one witness only. But it was nevertheless enforceable as a contract to convey (Lowery v. May,
The demurrer is addressed to the bill as a whole, and, under Oden v. King,
No reversible error appears, and the decree will accordingly be here affirmed.
Affirmed.
ANDERSON, C. J., and BOULDIN and FOSTER, JJ., concur.