Keel v. Larkin
Supreme Court of Alabama
Appeal from the Chancery Court of Jackson. Heard before the Hon. S. K. McSpadden. The bill in this case was filed on the 7th September, 1883, by William B. Larkin, as a judgment creditor of Lemuel H. Lewis, against the said Lewis, and against the personal representative, widow and children of Lemuel G. Mead, deceased; and sought, principally, to subject to the satisfaction of complainant’s said judgment a tract of land, called the “Outerbridge tract,” which Lewis had…
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Appeal from the Chancery Court of Jackson. Heard before the Hon. S. K. McSpadden. The bill in this case was filed on the 7th September, 1883, by William B. Larkin, as a judgment creditor of Lemuel H. Lewis, against the said Lewis, and against the personal representative, widow and children of Lemuel G. Mead, deceased; and sought, principally, to subject to the satisfaction of complainant’s said judgment a tract of land, called the “Outerbridge tract,” which Lewis had conveyed to Mead in his life-time, in alleged fraud of his creditors. The complainant’s judgment against Lewis was rendered on…
1Opinion of the CourtStone, C. J.
— When this case was before us at a former term (Larkin v. Mead, 77 Ala. 485), we passed only on the equity of the bill, and held it made a case for equitable relief. In that case, -the question was raised on demurrer, and only the averments of the bill could be considered. Taking the averments to be true, we held that Mead, and those claiming in his right, were estopped from setting up any title, legal or equitable, in him, Mead, at the time he induced Larkin to accept Lewis as surety. Our ruling was rested on the averments, that “Mead induced Larkin to dismiss his suit to subject the…
2Cases cited13 opinions
- Clemens v. ClemensWisconsin Supreme Court · 1871
- Hoot v. SorrellSupreme Court of Alabama · 1847
- Allison v. HaganNevada Supreme Court · 1877
- Chapin v. PeaseSupreme Court of Connecticut · 1834
- Davis v. GravesNew York Supreme Court · 1859
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3Cited by5 opinions
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- People's Bank v. Barrow WigginsSupreme Court of Alabama · 1922
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- Milstid v. PenningtonCourt of Appeals for the Fifth Circuit · 1959
- Milstid v. PenningtonCourt of Appeals for the Fifth Circuit · 1959