Terrell v. Green
Supreme Court of Alabama
Error to the Chancery Court of Montgomery. The bill was filed by the plaintiffs in error, judgment creditors of John S. Green. It charges that whilst the suits were pending in Hancock county, Georgia, in the year 1828, John S. Green left Hancock county clandestinely, and came to Alabama, bringing with him a number of slaves and other personal property then belonging to him.
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Error to the Chancery Court of Montgomery. The bill was filed by the plaintiffs in error, judgment creditors of John S. Green. It charges that whilst the suits were pending in Hancock county, Georgia, in the year 1828, John S. Green left Hancock county clandestinely, and came to Alabama, bringing with him a number of slaves and other personal property then belonging to him. That shortly before his removal, or soon after his arrival in Alabama, John S. Green fraudulently transferred his property to his brother, Joseph A. Green, in trust for his wife and children. That they instituted suits…
1Opinion of the CourtOrmond, J.
The first inquiry which presents itself is, what is the character of the sale made by John S. Green, to his brother Joseph A. Green. The bill charges it to be fraudulent. That John being greatly embarrassed, with judgments about to be obtained against him, made a pretended sale of the slaves to his brother, who held them in trust for him, and finally reconveyed them to him and his family.
The defence is, that it was a bona fide purchase of the slaves for their full value ; that there was no trust, either express or implied, that the slaves should be held for John S. Green, or his family; and…
2Cases cited4 opinions
- Carleton & Co. v. BanksSupreme Court of Alabama · 1844
- Spear v. WalkleySupreme Court of Alabama · 1846
- Kenny v. UdallNew York Court of Chancery · 1821
- Inge v. ForresterSupreme Court of Alabama · 1844
3Cited by11 opinions
- Askew v. Hale CountySupreme Court of Alabama · 1875
- Shealy v. EdwardsSupreme Court of Alabama · 1883
- Crawford v. KirkseySupreme Court of Alabama · 1874
- Pulliam, Wills, Rankin & Co. v. Newberry's AdministratorSupreme Court of Alabama · 1867
- Craig v. McGeheeSupreme Court of Alabama · 1849
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