Legal Opinion

Buchanan v. Buchanan

Supreme Court of Alabama

Decided December 15, 1882PublishedCited by 10 opinions

Appeal from the Chancery Court of Jackson. Heard before the Hon. N. S. GbaiiaM. The bill in this case was filed on the 10th April, 1882, by Mrs. Martha A. Buchanan, suing for the use of ~W\ L. Martin and others, against James M. Buchanan and his son, James A. Buchanan; and sought to set aside, as constructively fraudulent, a conveyance of a town lot in Scottsboro by one L. B. Jones to .said James A. Buchanan, on the ground that the purchase-money was in fact paid by said…

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Appeal from the Chancery Court of Jackson. Heard before the Hon. N. S. GbaiiaM. The bill in this case was filed on the 10th April, 1882, by Mrs. Martha A. Buchanan, suing for the use of ~W\ L. Martin and others, against James M. Buchanan and his son, James A. Buchanan; and sought to set aside, as constructively fraudulent, a conveyance of a town lot in Scottsboro by one L. B. Jones to .said James A. Buchanan, on the ground that the purchase-money was in fact paid by said James M. Buphanan; and to .subject the property to sale for the payment and satisfaction of a decree for costs, which the…

1Opinion of the Court

BBIOKELL, O. J.

The cause was heard on the bill and exhibits, and the answer of the defendants. The exhibits, the genuineness and authenticity of which are admitted by the answers, and, being transcripts of judicial proceedings, are certified by the proper officer, and of themselves evidence, show the rendition of a decree, in favor of the complainant, by a court of competent jurisdiction, for the payment of money, prior to the purchase by the defendant in the decree, of the parcel of land sought to be subjected to its payment, and its conveyance to his co-defendant. The burden of proving a…

2Cases cited3 opinions

  1. Clements v. MooreSupreme Court of the United States · 1868
  2. Hamilton's Adm'r v. BlackwellSupreme Court of Alabama · 1877
  3. M'Kinstry v. SolomonsNew York Supreme Court · 1806

3Cited by10 opinions

  1. Zelnicker v. Brigham & Co.Supreme Court of Alabama · 1883
  2. Farris v. HoustonSupreme Court of Alabama · 1884
  3. Dillard v. GillSupreme Court of Alabama · 1936
  4. Snellgrove v. EvansSupreme Court of Alabama · 1906
  5. Thorington v. City Council of MontgomerySupreme Court of Alabama · 1889

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