Bradley v. Singleterry

Bill to Set Aside Conveyance For Fraud and For Accounting. 1. Limitation of Actions; Tolling of Statutes; Non Compos Mentis. —The provisions of section 4846, Code 1907, exempts a non compos mentis from the three years limitation for entries on land and similar actions, except that such disability will not warrant an entry or action after more than twenty years from the accruing of the cause of action or right of entry. 2. Equity; Laches; Non Compos Mentis. — The idea of acquiesence on the part of him charged is necessarily included in the doctrine of laches, and hence, it cannot be invoked to bar the right of one non compos mentis to set aside a fraudulent conveyance made by his guardian.

Appeal from Henry Chancery Court. Heard before Hon. L. D. Gardner. Bill by W. J. Singleterry, a non compos mentis, by Ms next friend, against Lncy Bradley and others, to set aside a conveyance as fraudulent, and to subject the property thereby conveyed to the payment of the decree rendered in the probate court in favor of the non compos as against his guardian on final settlement. From a decree overruling demurrers to the bill, respondents appeal. It appears on the face of the bill that there is laches and staleness of demand, and that the time prescribed as a bar to corresponding legal remedies has elapsed. The question is therefore properly raised by demurrers which should have been sustained. — Nettles v. Nettles, 67 Ala. 599; Lockhart v. Nash, 64 Ala. 485; Semple v. Glenn, 91 Ala. 245; Solomon v. Solomon, 83 Ala. 394; McCarty v. Me* Carty, 74 Ala. 546; Garrett v. Garrett, 69 Ala. 429; Beadle v. Seat, 102 Ala. 532; Waller v. Nelson, 106 Ala. 535; Shorter v. Smith, 56 Ala. 208; 145 IT. S. 368. The demurrers raising the question of the statute of limitations as applied to each of the respondents should have been sustained. — Snodgrass v. Branch Bank, 31 Ala. 115; Stouts v. Huger, 107 Ala. 248, and authorities supra. The bill showed that a guardian for a lunatic qualified more than fifteen years before the filing of the bill, who ivas capable of suing and laches and limitations therefore apply. — Lee v. Wood, 85 Ala. 169. Allegations of the bill sufficient. — 102 Ala. 378. Any number of fraudulent grantees may be joined. — 121 Ala. 109; 114 Ala. 601; and the same is true although conveyances were made at different times to different persons, and for different portions of the property — 80 Ala. 147; 75 Ala. 348; 67 Ala. 396; 96 Ala. 338; 104 Ala. 353; 118 Ala. 546; 80 Ala. 225. A fraudulent-grantee cannot plead statute of limitations to the original debt of complainant against grantor. — 107 Ala. 249. Limitations do not run against a lunatic. — Code 1907, Sec. 4846; 56 Ala. 426; 82 Ala. 626; 75 Ala. 502; 34 Ala. 15. A guardian may be charged as trustee in invitum.- — 50 Ala. 245; also page 315; 75 Ala. 501; 31 South. Rep. 454. The guardian’s sureties are likewise liable. — 50 Ala. 315, and cannot escape because of the invalidity of the appointment. A guardian for a lunatic like any other guardian. — 8 Ala. 796. The guardian may be compelled to account in Chancery Court. — 75 Ala. 501. A former settlement void for want of jurisdiction cannot be an answer. — 50 Ala. 245.