Tatum v. Hunter
Supreme Court of Alabama
Error to the Circuit Court of Macon. Before the Hon. G. W. Stone. Trial of right of property to a slave, levied on by the defendants in error, as the property of Sarah Tatum, and claimed by the plaintiff in error. The claimant derived title under a deed of trust executed by Sarah Tatum, which purported to be made to secure the payment of a debt due the claimant, as guardian of Meredith Tatum, and other debts due to him individually.
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Error to the Circuit Court of Macon. Before the Hon. G. W. Stone. Trial of right of property to a slave, levied on by the defendants in error, as the property of Sarah Tatum, and claimed by the plaintiff in error. The claimant derived title under a deed of trust executed by Sarah Tatum, which purported to be made to secure the payment of a debt due the claimant, as guardian of Meredith Tatum, and other debts due to him individually. Evidence being offered of the consideration of the debts mentioned in the deed, the court charged, that if the note recited in the deed as due to Seth Tatum…
1Opinion of the CourtDARGrAN, J.
This case is clearly distinguishable from! Anderson et al. v. Hooks et al. 9 Ala. Rep. 704. In that case, it did not appear, that any person participated in the* fraud, but the grantor. The debt recited in the deed as due* to the bank, and on which Hooks was security, was bona? fide; and neither Hooks, nor the bank, participated in the fraud. This court held, that the deed was valid, so far as* this debt was concerned, although the debt to Stocks, recited-in the deed, was simulated. But in the case at bar, both? debts named in the deed, are payable to the mortgagee; and the charge was, that…
2Cases cited1 opinion
- Anderson v. HooksSupreme Court of Alabama · 1846
3Cited by6 opinions
- Crawford v. KirkseySupreme Court of Alabama · 1876
- Perry Insurance & Trust Co. v. FosterSupreme Court of Alabama · 1877
- Pulliam, Wills, Rankin & Co. v. Newberry's AdministratorSupreme Court of Alabama · 1867
- Harris v. RussellSupreme Court of Alabama · 1890
- Proskauer v. People's Savings BankSupreme Court of Alabama · 1884
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