Code of Alabama
Ala. Code § 8-9-12 (2026)
Realty Conveyance Wherein Grantee Agrees to Support Grantor During Life Voidable; Exceptions.
✓ official Alabama Legislature (ALISON) text, current July 2026
Any conveyance of realty wherein a material part of the consideration is the agreement of the grantee to support the grantor during life is void at the option of the grantor, except as to bona fide purchasers for value, lienees, and mortgagees without notice, if, during the life of the grantor, he takes proceedings to annul such conveyance.
(Code 1923, §8046; Code 1940, T. 20, §15.)
Notes of Decisions
Cited in 17
cases (1 in the last 5 years), 1979–2026 · leading case: Ex Parte Alexander, 806 So. 2d 1222 (Ala. 2001).
Ex Parte Alexander, 806 So. 2d 1222 (Ala. 2001). “Bertha Maurine Wade, the surviving grantor, sued Ray Alexander, the surviving grantee, to revoke the deed under § 8-9-12, Ala.Code 1975, which provides: "Any conveyance of realty wherein a material part of the consideration is the agreement of the grantee to support the grantor…”
Dunn v. Williams, 28 So. 3d 807 (Ala. Civ. App. 2009). “We reverse the trial court’s judgment as to Dunn’s claim seeking a declaration that her conveyance was voidable pursuant to Ala.Code 1975, § 8-9-12, and as to Dunn’s claim of conversion.”
Williams v. FNBC Acceptance Corp., 419 So. 2d 1363 (Ala. 1982). “Plaintiff/Appellant Lillie Williams, an 81-year-old widow, instituted this action, seeking, inter alia: (1) rescission of a deed, pursuant to Code 1975, § 8-9-12, by which she had conveyed all interest in her homeplace to Curtis Walton, a material portion of the consideration…”
Baker v. Johnson, 448 So. 2d 355 (Ala. 1983). “May a curator of the grantor elect to declare a conveyance null and void under Code 1975, § 8-9-12? 4. Was the plaintiff entitled to a summary judgment? As to the first issue, we find that the summary judgment was not final until November 11, 1982, and thus, the appeal is timely.”
Weldon v. Cotney, 811 So. 2d 530 (Ala. 2001). “The Plaintiff would show that the Defendants have not contributed to the support of the Plaintiff in any manner as envisioned by § 8-9-12, Code of Alabama, 1975....” On July 5, 2000, she amended her complaint to add averments to count one, including the following: “18.”
McMichael v. Flynn, 686 So. 2d 254 (Ala. Civ. App. 1995). “In January 1994, Flynn filed an action seeking to set aside the deed, pursuant to § 8-9-12, Ala.Code 1975, which allows a grantor to void any conveyance of realty where a material part of the consideration was an agreement by the grantee to support the grantor during the…”
Holly Wren Wallace Schumpert v. Alton Hugh Wallace, as the Pers. Rep. of the Est. of Alton Hamric Wallace, deceased; & Patsy Lockett Wallace, individually & as Tr. of the Patsy Gayle Lockett Wallace & Alton Hamric Wallace Revocable Trust (Ala. 2026). “They alleged, among other things, (1) that the deed was ineffective because title to the condominium was held by the Patsy Gayle Lockett Wallace and Alton Hamric Wallace Revocable Trust and Alton and Patsy had signed the deed only in their individual capacities rather than as…”
Rodgers v. Rodgers, 988 So. 2d 1041 (Ala. Civ. App. 2007). “We affirm the portion of the trial court's judgment reforming the mortgage in favor of Ann C. Rodgers and Louie Rodgers, and we reverse the judgment to the extent that it rescinded the deed.”
Simmons v. Est. of Glenn, 693 So. 2d 501 (Ala. Civ. App. 1997). “Glenn’s guardian ad litem filed a motion to set aside this conveyance, pursuant to § 8-9-12. In this motion, the probate court was specifically requested to invoke its equity authority and jurisdiction.”
Cupp v. Phelps, 543 So. 2d 692 (Ala. 1989). “Cupp, pursuant to Code 1975, § 8-9-12, to set aside the deed dated May 7, 1980, from Mrs.”
Grisham v. Edwards, 86 So. 3d 987 (Ala. Civ. App. 2011). “Edwards] during her lifetime and that [the 1997 deed] is void by virtue of provisions of Ala.Code 1975, § 8-9-12.” On February 16, 2009, Ms.”
Smith v. Riddlespur, 599 So. 2d 616 (Ala. 1992). “Arlington Smith sued his daughter, Barbara Ann Riddlespur, to set aside a warranty deed he had given her as void pursuant to Ala.Code 1975, § 8-9-12. 1 That statute reads: “Any conveyance of realty wherein a material part of the consideration is the agreement of the grantee to…”
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