Legal Opinion

Miller v. Stetson & Co.

Supreme Court of Alabama

Decided January 15, 1858PublishedCited by 6 opinions

[creditors* bill in equity to set aside deed as fraudulent.] Appeal from the Chancery Court at Tuskaloosa. Heard before the Hon. James B. Clakk. This bill was filed by M. S. Stetson & Co., Oliver, Jones & Granger, ¥m.

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[creditors* bill in equity to set aside deed as fraudulent.] Appeal from the Chancery Court at Tuskaloosa. Heard before the Hon. James B. Clakk. This bill was filed by M. S. Stetson & Co., Oliver, Jones & Granger, ¥m. A. Hanney & Co., Bates, Taylor & Co., J. Burnside & Co., W. Letchford & Co., and the administrators of Joseph Brewster, deceased, as judgment creditors of Thomas Miller, with executions returned “no property found;” and sought relief against a deed of trust, executed by said Miller, on the 21st September, 1854, while some of the complainants’ actions at law were pending against…

1Opinion of the CourtRice, C. J.

The complainants are judgment creditors of Thomas Miller. Executions have issued under their judgments, and been returned “no property found.” The demands on which their judgments are founded, existed before the said Miller executed the deed, a copy of which is made an exhibit to their bill; but were not reduced to judgment until after it was executed. The deed was executed since the Code went into effect. The question for our decision is, whether, upon-the foregoing facts, taken in connection with the contents of the deed, the chancellor was authorized to pronounce it void as to the…

2Cases cited8 opinions

  1. Graham v. LockhartSupreme Court of Alabama · 1845
  2. Abercrombie v. BradfordSupreme Court of Alabama · 1849
  3. Dubose v. DuboseSupreme Court of Alabama · 1845
  4. Pope v. WilsonSupreme Court of Alabama · 1845
  5. Evans v. LamarSupreme Court of Alabama · 1852

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3Cited by6 opinions

  1. Woodall v. Kelly & Co.Supreme Court of Alabama · 1888
  2. Benedict, Hall & Co. v. Renfro Bros.Supreme Court of Alabama · 1883
  3. Shelby v. ZieglerSupreme Court of Oklahoma · 1908
  4. Muchmore v. BuddSupreme Court of New Jersey · 1891
  5. England & Lee v. Reynolds, Devoe & Co.Supreme Court of Alabama · 1862

1 more not listed; retrieve them via the Exa API.

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