McCOLLUM v. SCOTT

85-1451.

507 So.2d 509 (1987)

Rick McCOLLUM, et al. v. Judy Ann SCOTT.

Supreme Court of Alabama.

May 1, 1987.


Attorney(s) appearing for the Case

William C. Gullahorn, Jr., and John C. Gullahorn, Albertville, for appellant.

Jimmy F. Carnes of Carnes & Carnes, Albertville, for appellee.


PER CURIAM.

Where a husband conveys to his wife substantially all of his property pursuant to a judgment of divorce, is the wife a "creditor" within the provisions of Code 1975, § 8-9-8; or, more specifically, is the execution of such a conveyance, absent fraud, "in payment of a prior debt" under this section? We hold that the answer is "no," and affirm.

The undisputed facts are as follows: Based upon an automobile accident that occurred in March 1983...

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