134 Ala. 337 | Ala. | 1901
Under the decree of the circuit court of Posey county, Indiana, rendered on February 22, 1900, in favor of the complainant, in that suit and this, Margaret- McFaddin, against the respondent, David A. McFaddin, of divorce and for alimony and counsel fees, the complainant became a creditor, as of the date of its rendition, of the respondent McFaddin. In respect of the conveyance by the Suggs to the respondent, Susanina Duckworth,alleged to* have been made on a consideration paid by the respondent McFaddin, the complainant Avas and is a subsequent creditor. The bill thus showing that Duckworth paid nothing and was the grantee in a voluntary conveyance, further alleges that David McFaddin entered into this transaction, paid
The judgment or decree of the Indiana court is presumptively a valid and binding judgment, and as between the complainant and Duckworth as well as -between the former anidl David McFaddin, it is, until impeached for fraud or collusion, conclusive evidence of a debt! existing at the time of its rendition. — Pickett v. Pipkin, 64 Ala. 520.
We deem it unnecessary to decide whether the facts averred in the bill put the complainant on the footing of an existing creditor at the time of the conveyance to Susanna Duckworth.
The bill has equity and is not open to the objections taken by the demurrer; and the decree overruling the motion to dismiss, and the demurrer is. affirmed1.