Spencer v. Godwin
Supreme Court of Alabama
Appeal from the Circuit Court of Bussell. Tried before the Hon. Bobert Dougherty. Tnis action was brought by Bichard P. Spencer, against "Wells Godwin and Alfred P. Beed, to recover damages for the conversion of a slave named Job; and was commenced on the 18th March, 1850. The plaintiff derived title to the slave under a purchase from Mrs. Mary A. Yonge, which was made in Columbus, Georgia, on the 8th November, 1849, where the parties and the slave then were.
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Appeal from the Circuit Court of Bussell. Tried before the Hon. Bobert Dougherty. Tnis action was brought by Bichard P. Spencer, against "Wells Godwin and Alfred P. Beed, to recover damages for the conversion of a slave named Job; and was commenced on the 18th March, 1850. The plaintiff derived title to the slave under a purchase from Mrs. Mary A. Yonge, which was made in Columbus, Georgia, on the 8th November, 1849, where the parties and the slave then were. At plaintiff’s request, but without any new consideration, W. P. C. Yonge, the husband of Mrs. Mary A. Yonge, joined with her in the…
1Opinion of the CourtWalker, J.
The conveyance of Wm. C. Yonge, in trust for his wife, vested the title to the slave in controversy in the trustee, for the separate use of Mrs. Yonge, upon the principle laid down in the cases of Andrews v. Andrews, 28 Ala. 438; McWilliams v. Ramsey, 23 Ala. 816; and Williams v. Maull, 20 Ala. 730. This conveyance was voluntary, and, therefore, void as against existing creditors. The conveyance by Yonge and wife to the plaintiff, made under the circumstances stated in the bill of exceptions, was voluntary as to Yonge, and, therefore, void as to his existing creditors. The debt on which the…
2Cases cited8 opinions
- Rives v. WilborneSupreme Court of Alabama · 1844
- Andrews v. AndrewsSupreme Court of Alabama · 1856
- Langdon & Co. v. BrumbySupreme Court of Alabama · 1844
- Williams v. MaullSupreme Court of Alabama · 1852
- Kemp v. PorterSupreme Court of Alabama · 1844
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Crawford v. KirkseySupreme Court of Alabama · 1876
- McMillan v. PeacockSupreme Court of Alabama · 1876
- Coles v. Allen, Freer & IllgesSupreme Court of Alabama · 1879
- Bradley & Co. v. RagsdaleSupreme Court of Alabama · 1879
2 more not listed; retrieve them via the Exa API.