The Montgomery advertiser., 1902-07-23
HEAD NOTES OF THE DECISIONS
OF THE ALABAMA SUPREME COURT

for the benefit Of ali the creditors Of the
inseivent debtor. such relief not being
in corsonance With but directly contrary
to the intent ana purpose Of such bill.
&. EQUITY jurisdiction: fact Of bill fall
Ing In one disjunetive aspect. --Where in
bill In equity. the complainant relies
upon several disjunctivs sets OF averr-
msrfts az furnishing grounds for relief,
ana one Of the distinctive aspects fairs
and is insufficient as ground for squtt-
able interpretation ana furnishes no
ground for relief, the bill A. q wnole
fails 20 make out case OF equitable
eo9nixance, 10 subject to demurrer ana
can not be maintained.
i. same: same; motion to dismiss BIZ
for want 81 eduify.--Such q pill being I'M
capable Of amending BY striking out the
detective distinctive avermente or oth-
erwise. q motion TO dismiss It for the
want Of equity 10 properly overruied.
9. Equity Jurisdiction; bill for receiver
must offer 70 do equity.--Where Dill 10
filed asking for. the appointment OF o
receiver. and II IL averfed therein that
there IL Q mortgage existing upon the
81 the receiver. such bin IL Objectionable
and subject to demurrer, in that II fails
TO do equity in respect Of the debt due
the mortgage.
q Same: failure 10 offer to 90 equity
no grounds for dismissing bin on motion.
--lWhere a bali IN equity 10 detective for
its failure 70 offer TO DO equity, such de-
feet being curabis by amendment. fur
nisles no ground for Diminishing the bill
for the want Of equity on motion.
10. Bill to subject property to payment
Of Judgment In trover; plea orexemption
insufficient. where a bill In equity is
filed by a creditor who had recovered q
judgment. In an action OF trover, against
an insolvent debtor, to have set aside
and annuIied conveyance by such debtor
Upon the ground that It was fraudulent
and void, pleas interposed by said debtor
who was the grantor in the conveyance,
and the grantee therein seeking 70 set Up
the fact that the property conveyed was
exempt % said debtor ana that, there
fore, the complainant could not complain
Of the conveyance Of such exempt prop
erty, present no defense and are insult
ficient, III that the right of exemption
does not exist against the judgment re-
covered In the action OF trover.
II. Bill In equity to have conveyance
Get aside a. fraudulent; when complain
ant not shown to have adequate remedy
at iaw.--where bin Is filed by tudg-
f1ient creditor to have conveyance Of
hts insolvent debtor set aside as fraudr-
lent ana void, and Il is averred In said
bill that upon the sheriff seeking to have
the execution issued upon said judgment
Upon property in the possession OF the
debtor. the grantee In the alleged fraudt-
lent conveyance interposed q claim to
said property. and the sheriff declined to
levy the execution unless the complain
ant Unidentified him, and 1t was further
averred that the transfer under which
the grantee in said conveyance claimed
fhA fAras,SkfU Nvaa ftN.fta,at ana x,ffd a.ta
made for the purpose Of hindering, delay
Ing and defrauding the debtors creditors,
| q demurrer 70 such bill, upon the ground
that 1t Is without equity, for that IL dis
closes that the complainant had an ade-
quate and complete remedy at law by
| having her execution levied upon the
property transferred by the debtor, Is
| without merit and is properly overruled
since the transfer az set up In the bill
and the facts attendant upon the levy
presented an impediment to the effica-
cious pursuit OF the complaints legal
remedy, and the FURTHER facts averred
showing a fraudulent transfer giving a
court of equity Independent Jurisdiction
| of such case.
| IL. Bill In equity to have conveyance
| set aside az fraudulent and void; APP
| pointment of receiver; when should not
| be observation-disclosures, in a bill filed by
creditor to have set aside convey
| ance as fraudulent and void, and for the
purpose Of having receiver appointed
to take charge OF the property fraudu-
| lently conveyed, the complainant relies
upon several distinctive sets Of aver
ments for the relief prayed for, but the
bill does not make cut case for equtt-
able Interpolation in one OF the disjunc-
tive aspects. receiver should not be
| appointed as prayer for:- the complains
| ant not being entitled to maintain such
bill without further amendment.
Affirmed in part; reversed and rendered
In part, and reversed and remanded in
| part.
opinion BY Mcclellan, C. J.