Smith v. Wilder’s Empirical Analysis
1960
Citation profile
6 federal appellate · 2 district · 48 state decisions
How this case has been cited
Cited by 66 later decisions — most recently July 2008 · most notably 406 So. 2d 834 - JC Jacobs Banking Co. v. Campbell (1981), Tri-State Corp. v. State Ex Rel. Gallion (1961)
6 federal appellate · 2 district · 48 state decisions
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.
Relationships
Relies on London v. G. L. Anderson Brass Works · Van Antwerp v. Van Antwerp · Percoff v. Solomon · Bell v. State · Crawford v. Kirksey
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“An existing creditor seeking to set aside a conveyance may do so either because of actual fraud or on account of what is termed constructive fraud. Actual fraud denotes the actual mental operation of intending to defeat or delay the rights of the creditor. Constructive fraud, on the other hand, is based on facts and circumstances which the courts have said constitute legal fraud irrespective of actual intent. The term “constructive fraud” is generally used in referring to those instances where a grantor, indebted at the time, conveys property on a good as distinguished from a valuable consideration. Such conveyances are frequently referred to simply as voluntary conveyances.”
9 later decisions quote this exact passage“The consideration paid by [the son] for the lands covered by the deed in question, although valuable, was in our opinion substantially inadequate. Therefore, we think the trial court should have considered the question as to whether the deed was fraudulently made by the grantor. This because of the equitable doctrine that, when a conveyance is fraudulently made upon a consideration which is valuable, but substantially inadequate, and the grantee is without notice of the grantor's intent and himself intends no fraud, the conveyance will be allowed to stand only as security for the value actually paid. London v. G. L. Anderson Brass Works, 197 Ala. 16 , 72 So. 359 , and cases cited; Rogers v. Conaway, 226 Ala. 334 , 147 So. 152 ; Morrison v. Federal Land Bank of New Orleans, 232 Ala. 138 , 167 So. 288 .”
2 later decisions quote this exact passage““The rule is settled that different grantees of the same debtor, though they claim and hold under different conveyances affecting different property, may be joined in the same bill with the debtor, to cancel such conveyances and subject the property to the satisfaction of the debts owed by the debtor. Green v. First National Bank of Jacksonville, 224 Ala. 47 , 138 So. 550 , and cases cited. “It is also well settled that any number of creditors, whether judgment or simple contract creditors, and whether with or without liens, may join as complainants in a bill to set aside alleged fraudulent conveyances. (Citations omitted) * * * * * * “An allegation that the conveyance of the property was voluntary and without consideration is sufficient averment by an existing creditor to vacate, without regard to any other circumstance. (Citations omitted).””
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.