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129 Ala. 377

Truitt v. Crook

Supreme Court of Alabama

Decided November 15, 1900

Supreme Court of Alabama · decided 1900-11-15

Tried before the Hon. James W. Lapsley. • On March 29, 1900, Alf Truitt, the appellant, instituted a suit against J. E. Crook, and counted upon a promissory note due and payable on December 1, 1899. In aid of this suit, plaintiff sued out a writ of garnishment, which was sued out upon the London & Lancashire'Fire Insurance'Company.

Relies on Woodrow v. Hawving · Bryant v. Young · O'Neil v. Birmingham Brewing Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1900-11-15

How this case has been cited

Cited by 8 later decisions — most recently June 1959

1 federal appellate · 7 state decisions

40190019101920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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'TYSON, J.

¶1The 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; O’Neil v. Birmingham Brewing Co., 101 Ala. 383; Bryant v. Hall, 21 Ala. 264. However, before a transfer can be stricken down as infected with fraud *380on this account, it' is necessary that an agreement or understanding between the parties, either express or implied, be shown, that it was intended as a security and not as an absolute conveyance. No such agreement or understanding is sufficiently shown by the evidence in this record as authorizes us to disturb the judgment of the court in this case.—Acts, 1896-97, p. 324; Woodrow v. Hawving, 105 Ala. 240.

¶2Affirmed.

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