Lavender v. Lee
Supreme Court of Alabama
Error to the 12th Chancery District. Before the Hon. A. Crenshaw, Chancellor. Aaron Lee, the father of the complainant, on the 4th day of January, 1844, executed a deed, whereby he conveyed to the children of Noel Lee, two slaves, with this proviso: “Nevertheless, the said Noel Lee, is to have the use of said slaves as long as he lives.” The deed expresses, that it is to be considered as the portion of the estate of the grantor, that would have fallen to the said Noel Lee.
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Error to the 12th Chancery District. Before the Hon. A. Crenshaw, Chancellor. Aaron Lee, the father of the complainant, on the 4th day of January, 1844, executed a deed, whereby he conveyed to the children of Noel Lee, two slaves, with this proviso: “Nevertheless, the said Noel Lee, is to have the use of said slaves as long as he lives.” The deed expresses, that it is to be considered as the portion of the estate of the grantor, that would have fallen to the said Noel Lee. On the 22d day of March, 1845, with the consent of Noel Lee, the grantor, executed another deed, in reference to the same…
1Opinion of the CourtDargan, J.
All the property of a debtor is liable to pay his debts, whether his title thereto is legal, or equitable merely. If the debtor has the legal title, it is liable to be sold at law; if his title is merely equitable, it can be sold by an application to a court of chancery. Hence it is only necessary to ascertain, if Noel Lee has any distinct interest in the slaves conveyed by the two deeds.
By the deed of the 4th January, 1844, the slaves are conveyed to the children of Noel Lee, with the reservation, “ nevertheless, the said Noel Lee, is to have the use of said estate, so long as he lives.” It…
2Cases cited2 opinions
- Rugely v. RobinsonSupreme Court of Alabama · 1846
- Paysant v. WareSupreme Court of Alabama · 1840
3Cited by4 opinions
- Pollard v. MerrillSupreme Court of Alabama · 1849
- Hess v. HodgesSupreme Court of Alabama · 1918
- Gallups v. KentSupreme Court of Alabama · 2006
- Lauderdale v. BaileySupreme Court of Alabama · 1938