Sullivan v. Hadley
Supreme Court of Arkansas
Appeal from the Union Qi/reuit Qoivrt in Oha/neery. Hon. SheltoN "WatsoN, Circuit Judge. This deed in trust conveyed tbe legal title to James Hadley, and, by construction, possession also of said slaves, and his remedy at law, by replevin or detinue, was complete to get possession, had he been deprived of it, and in such case equity has no jurisdiction. Story Eq. PI. 473/ Mitf. Eq. PI. 123/ Oooper Eq.
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Appeal from the Union Qi/reuit Qoivrt in Oha/neery. Hon. SheltoN "WatsoN, Circuit Judge. This deed in trust conveyed tbe legal title to James Hadley, and, by construction, possession also of said slaves, and his remedy at law, by replevin or detinue, was complete to get possession, had he been deprived of it, and in such case equity has no jurisdiction. Story Eq. PI. 473/ Mitf. Eq. PI. 123/ Oooper Eq. PI. 124. He cannot found the right to come into this court on the ground alone that an advertisement in the paper mentioned in the trust, would he ineffectual, without an allegation, that he had…
1Opinion of the CourtChief Justice English
This was a bill to foreclose a trust deed, or mortgage, with a power of sale.
The bill was filed on the 4th day of September, 1850, in the Union Circuit Court, by James Hadley, the trustee, against Lee Sullivan, the maker of the deed, and alleges, in substance, as follows :
That, on the 20th December, 1841, in Tipton county, State of Tennessee, Lee Sullivan, then (as well as complainant) a resident of said county of Tipton, executed to complainant as trustee, a deed of trust, by which, after reciting that the said Lee Sullivan was indebted to John L. Iiadley, of Green county, Alabama, in the…
2Cases cited6 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Maury's Adm'r v. Mason's Adm'rSupreme Court of Alabama · 1838
- Fenwick v. Macey's ExecutorsCourt of Appeals of Kentucky · 1833
- Baldwin v. CrossSupreme Court of Arkansas · 1844
- Moore v. AndersSupreme Court of Arkansas · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Ringo v. WoodruffSupreme Court of Arkansas · 1884
- Morton v. TullgrenSupreme Court of Arkansas · 1978
- Ewell v. TidwellSupreme Court of Arkansas · 1859
- Lawson's ad. v. BadgettSupreme Court of Arkansas · 1859
- Hope v. American Bonding CompanySupreme Court of Arkansas · 1940
1 more not listed; retrieve them via the Exa API.