Montgomery's Executors v. Kirksey
Supreme Court of Alabama
Appeal from the Circuit Court of Talladega. Tried before the Hon. John Gill Shorter. Teial op the right op property in thirty-three bales of cotton and other personal property, between Isaac Kirksey, plaintiff in execution, and Hugh Montgomery, claimant.
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Appeal from the Circuit Court of Talladega. Tried before the Hon. John Gill Shorter. Teial op the right op property in thirty-three bales of cotton and other personal property, between Isaac Kirksey, plaintiff in execution, and Hugh Montgomery, claimant. The plaintiff’s execution was issued on a judgment which ho had recovered against William Montgomery, in the Circuit Court of Talladega, on the 7th of November, 1842, for $791, besides costs, and was levied on the property in controversy on the 19th of January, 1850 ; and the claimant, who was the father of said William Montgomery, relied on…
1Opinion of the Court
CHILTON, C. L
—1. As to the first charge: We may leave out of view the relationship of the parties, as constituting one of the conditions upon which the judge predicated the conclusion of fraud, in this charge; for, if this was an error, it was favorable to the appellants, requiring the jury to find that all the parties to the deed were related, when, in our opinion, aside from the relationship of the parties, if the jury found the other facts hypothetically stated in the charge to exist, they might well have been instructed to find the deed fraudulent. The relationship of the parties, upon a…
2Cases cited1 opinion
- Gazzam v. PoyntzSupreme Court of Alabama · 1842
3Cited by16 opinions
- Crawford v. KirkseySupreme Court of Alabama · 1876
- London v. G. L. Anderson Brass WorksSupreme Court of Alabama · 1916
- Harrell v. MitchellSupreme Court of Alabama · 1878
- Fellows v. LewisSupreme Court of Alabama · 1880
- Crawford v. KirkseySupreme Court of Alabama · 1874
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