| Ala. | Nov 15, 1900
The transfer -of the policy of insurance assailed as fraudulent is absolute in form. The contention, that it is v-oid, is based solely upon the proposition that it was intended as a security for a debt, which it is admitted was due by the transferor to the transferee. If the evidence establishes this contention, it cannot he a matter of serious controversy, that the transfer ivas invalid as against the plaintiff who was a creditor of the transferor at the time it was made. The principle upon which such a transfer is held void as against creditors, is, that there is a reservation of a benefit to the transferor— a trust for his use. — Code, § 2150; Steiner v. Scholze, 114 Ala. 88" court="Ala." date_filed="1896-11-15" href="https://app.midpage.ai/document/steiner-v-scholze-6517062?utm_source=webapp" opinion_id="6517062">114 Ala. 88; O’Neil v. Birmingham Brewing Co., 101 Ala. 383" court="Ala." date_filed="1893-11-15" href="https://app.midpage.ai/document/oneil-v-birmingham-brewing-co-6515485?utm_source=webapp" opinion_id="6515485">101 Ala. 383; Bryant v. Hall, 21 Ala. 264" court="Ala." date_filed="1852-06-15" href="https://app.midpage.ai/document/bryant-v-young-6504857?utm_source=webapp" opinion_id="6504857">21 Ala. 264. However, before a transfer can be stricken down as infected with fraud
Affirmed.