Robertson v. Johnston
Supreme Court of Alabama
Appeal from the Chancery Court at Claiborne. Heard before the Hon. Wade Keyes. The bill in this case was filed by Robertson & Pettibone, merchants and partners in trade, iu behalf of themselves and such other creditors of Mrs. Delilah Johnston as might come in and contribute to the expenses of the suit; and sought to subject to the satisfaction of their debts Mrs. Johnston’s interest in certain slaves and other personal property, which were conveyed by her father,. William…
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Appeal from the Chancery Court at Claiborne. Heard before the Hon. Wade Keyes. The bill in this case was filed by Robertson & Pettibone, merchants and partners in trade, iu behalf of themselves and such other creditors of Mrs. Delilah Johnston as might come in and contribute to the expenses of the suit; and sought to subject to the satisfaction of their debts Mrs. Johnston’s interest in certain slaves and other personal property, which were conveyed by her father,. William J. Gressett, by deed of gift dated the 22d January, 1843, to Edward C. Gressett, as trustee, upon the following trusts: “…
1Opinion of the CourtWalked, J.
The question of law upon which the decision of this case depends, is, whether the appellee, Mrs. Johnston, has an interest in the property conveyed by W. J. Gressett, or its profits, which it is the province of a court of chancery to appropriate to the payment of her debts, after the creditor has exhausted his remedy at law.
The trusts of the conveyance are, that the trustee hold the property for .the use of Mrs. Johnston “ and the heirs of her body now begotten, or hereafter to be begotten,” free from the claim, control, debts and liabilities of the husband of Mrs. Johnston; that the trustee…
2Cases cited14 opinions
- Hallett v. ThompsonNew York Court of Chancery · 1836
- Dunn v. Bank of MobileSupreme Court of Alabama · 1841
- Rugely v. RobinsonSupreme Court of Alabama · 1846
- Vanzant v. MorrisSupreme Court of Alabama · 1854
- Powell v. GlennSupreme Court of Alabama · 1852
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Henderson v. HendersonSupreme Court of Alabama · 1923
- Jones v. ReeseSupreme Court of Alabama · 1880
- Taylor v. HarwellSupreme Court of Alabama · 1880
- Slayton v. BlountSupreme Court of Alabama · 1890
- Sullivan v. McLaughlinSupreme Court of Alabama · 1891
7 more not listed; retrieve them via the Exa API.