Legal Opinion

Gazzam v. Poyntz

Supreme Court of Alabama

Decided June 15, 1842PublishedCited by 24 opinions

Ekrok to the Chancery Court of Mobile. This was a bill in Chancery, fried by the defendants in error to set aside a deed of assignment made by Audley H. Gazzam. The complainants alledge that they are judgment creditors of A. H. Gazzam, having obtained judgment against him for ®7,568, besides costs — that an execution issued thereon to the sheriff of Mobile county, which he returned no property found.

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Ekrok to the Chancery Court of Mobile. This was a bill in Chancery, fried by the defendants in error to set aside a deed of assignment made by Audley H. Gazzam. The complainants alledge that they are judgment creditors of A. H. Gazzam, having obtained judgment against him for ®7,568, besides costs — that an execution issued thereon to the sheriff of Mobile county, which he returned no property found. That another execution has issued and been levied on certain lands of A. II. Gazzam, sufficient in value to satisfy the judgments — that Gazzam, with the view of delaying and hindering his…

1Opinion of the CourtOrmond, J.

In the case of Ashurst v. Martin, [9 Porter 566,] we sustained an assignment made by one in failing circumstances, by the terms of which a release was exacted from all the creditors who came in under the deed within a time stipulated. That decision was reluctantly made, under the influence of a former decision of this Court, which had been long acquiesced in, but we then avowed our determination not to go beyond the letter of that case. It was then considered as settled law, “that a debtor may convey his property in trust to pay one or more creditors in full, or lo pay his creditors in…

2Cases cited2 opinions

  1. De Forest v. BaconSupreme Court of Connecticut · 1818
  2. Ashurst v. MartinSupreme Court of Alabama · 1839

3Cited by24 opinions

  1. Baldwin v. Peet, Sims & Co.Texas Supreme Court · 1859
  2. Crosby v. HustonTexas Supreme Court · 1846
  3. Governor v. CampbellSupreme Court of Alabama · 1850
  4. Danner & Co. v. Brewer & Co.Supreme Court of Alabama · 1881
  5. Abercrombie v. BradfordSupreme Court of Alabama · 1849

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