68 Ala. 463 | Ala. | 1880
The bill in this case was filed by Seaman and McWilliams, creditors at large of A. J. Nolen, to subject property to the payment of their claims, on the alleged ground that it was conveyed by Nolen to Thomas and Sandlin with the intent to delay, hinder and defraud the complainants and other creditors of the said Nolen. — Code of 1876, §§ 3886, 3253, subd. 8. The conveyance was absolute in terms, and we do not doubt that both Thomas and Sandlin were creditors of Nolen to about the extent they claim. They claim to have purchased the property in absolute payment of what Nolen owed them. If this was so, and they simply secured a payment of their demands in fair contract, then the law will
The testimony in the present record is somewhat voluminous. On many important questions, it is wholly irreconcilable. It is not our intention to comment in detail upon the-many repugnancies and irreconcilable conflicts. We will' mainly confine ourselves to • conclusions of fact, and thus-avoid, as far as we can, the disagreeable duty of criticising either the manner of witnesses, or the matter of their testimony. Neither will we consider directly the intemperate-habits, or drunkenness of the grantor, at and about the time the deed was executed, as bearing on the bona fides of the conveyance. It may be his then condition made him more readily yielding to the influences then brought to bear upon him.
It is manifest from the testimony, that, the thought and purpose of obtaining security or payment from Nolen originated with the defendant Thomas. He it was who-pressed Nolen for security; and when he learned from the latter that he was unwilling to provide for him without making equal provision for the Temple estate, represented by Sandlin, then Sandlin was brought into the negotiation, and the two worked in concert afterwards. If the two, or either of them, had simply urged upon Nolen, even to success, the duty of securing them, and, in effecting it, they had received property in payment at a fair and reasonable valuation, although in-doing so they left him unable to pay his other debts, they would have, done nothing the law would condemn.
We do not think this is all of the present case. We are
On the cross assignments of error by Mrs. Nolen we can grant no relief. She is a married woman, not claiming the homestead in virtue of any title alleged to be in her. Her husband, Nolen, is living, and if there be any homestead right, it is in him, not in her. The cross-bill contains no averment that the husband fails to act in the premises.
On the assignments of error by Seaman and McWilliams, the decree of the chancellor is reversed, and a decree here rendered, granting to complainants relief, to the extent of all property conveyed by the deed, subject to execution against Nolen; and to that extent the deed is vacated and annulled. Fellows v. Lewis, 65 Ala. 343. It is referred to the register to take an account, and report to the next term of the Chancery Court the amounts due the several complainants. All other questions are reserved for decision by the chancellor.
On the assignments of error by Mrs. Nolen, we find no error which we can consider, as the pleadings now bring the questions before us.