Rolling “R” Construction v. Dodd

477 So. 2d 330 (1985)

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Rolling “R” Construction v. Dodd

Alabama Supreme Court
477 So. 2d 330 (1985)

Facts

Rolling “R” Construction (plaintiff) sued Ted Barnett (defendant) for breach of contract. While the suit was pending against him, Ted conveyed personal property to his wife, Sheryl (defendant). The deed was recorded on January 5, 1982. In November of that same year, Rolling “R” obtained a judgment against Barnett and recorded a certificate of judgment. On November 16, 1982, Rolling “R” filed a notice of lis pendens against Ted’s property, contending that Ted’s conveyance to his wife was fraudulent and so should be invalidated. The notice did not reference the already issued judgment and did not include Sheryl’s name. Rolling “R” then filed suit against Ted and Sheryl to set aside the conveyance. Thereafter, Sheryl conveyed the property to Ethel Dodd (defendant) by a deed recorded on November 30, 1983.

Rule of Law

Issue

Holding and Reasoning (Beatty, J.)

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