103 Ala. 454 | Ala. | 1893
Appeal from decretal order overruling demurrers to the bill. On August 15, 1888, G. D. Staton, being the owner thereof, conveyed by deed to his wife, N. A. Staton, lots 15 and 16 in block 206, in the city of Birmingham, Ala., for the consideration, recited in the deed, of $6,000; and by another deed, executed on the same day, he conveyed to her, lots 18 and 19, in block 38, in said city, for the recited consideration of $3,500, and the assumption by the grantee of an incumbrance on the lots, amounting to $4,000. On April 3d, or 4th, 1889, the said grantee, N. A. Staton, and her husband, said G. D. Staton, conveyed.the four lots, by deed, to R. W. Beason, for the recited consideration of $8,000. At the time of the conveyance to the wife, the complainant, Philip Rising, was a creditor of the grantor, G. D. Staton,
It is objected by demurrer that the bill is multifarious, in that it seeks to set aside fraudulent conveyances, and also to compel the foreclosure of a mortgage executed by .the fraudulent grantor to third parties. It. is enough to say, in answer to the objection, that it cannot properly be said that the bill is filed to compel the foreclosure of the mortgage. It alleges the execution of the mortgage, but, at the same time, avers, un
It is objected also that the heirs and personal representatives of the deceased grantor are not made parties. Clearly the heirs have no interest in the suit. Their ancestor divested himself of all title to the land by his conveyance to.his wife. The result of this suit cannot possibly affect them one way or the other. And we think the same is true as to the personal representative. He can have no possible interest in the land ; and the decree establishing the debt, which must form the basis of the relief complainant seeks, can, in .no wise, affect him or the personal assets of the estate in his hands. We have been referred to no authority which holds the presence of the personal representative, in a case like this, necessary, and we can see no reason why it should be. See Buffington v. Harvey, 95 U. S. 99.
Affirmed.