Brown v. Lyon
Supreme Court of Alabama
Error to the Circuit Court of Tuscaloosa. 'Tried before the Hon. Geo. I). Shortridge. This was an action of trespass instituted by the plaintiff against the defendants in error to recover damages for forcibly taking and carrying away certain goods and chattels, which he alleged were his property.
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Error to the Circuit Court of Tuscaloosa. 'Tried before the Hon. Geo. I). Shortridge. This was an action of trespass instituted by the plaintiff against the defendants in error to recover damages for forcibly taking and carrying away certain goods and chattels, which he alleged were his property. The plaintiff to make out his title offered in evidence a deed of assignment executed to him by one Theron Brown, on the 10th of May Í.845, by which he conveyed to him “all and singular the goods, wares, and merchandize, bills, bonds, notes and other securities for money, debts, monies, stock in…
1Opinion of the CourtParsons, J.
The question is whether the Circuit Court erred in excluding the deed of assignment from the jury, on the ground that it was fraudulent on its face. The deed does not show specifically what was conveyed, either by schedule or otherwise, although it included money and choses in action. It does not state the quantity or amount of any thing. The dissenting creditors of the grantor might be very much embarrassed in an attempt to recover their debts, because they could have no aid from the deed in ascertaining the particulars of what was conveyed, although part of it was money and another part…
2Cases cited4 opinions
- Wilt v. FranklinSupreme Court of Pennsylvania · 1809
- Elmes v. SutherlandSupreme Court of Alabama · 1845
- Smith v. LeavittsSupreme Court of Alabama · 1846
- Grimshaw v. WalkerSupreme Court of Alabama · 1847
3Cited by5 opinions
- Perry Insurance & Trust Co. v. FosterSupreme Court of Alabama · 1877
- Rankin, Duryee & Co. v. LodorSupreme Court of Alabama · 1852
- Wooldridge v. IrvingUnited States Circuit Court · 1884
- Douglass v. CissnaMissouri Court of Appeals · 1885
- Flournoy v. H. Lyon & Co.Supreme Court of Alabama · 1878