Hindman v. Dill & Co.
Supreme Court of Alabama
Writ of Error to the Circuit Court of Barbour. Claim of property interposed by Hindman to certain slaves levied on by attachment against one Cross, at the suit of Dill & Co. At the trial, the claimant made title to the slaves in controversy under a deed executed by Cross, the 6th of February, 1846, conveying them to him in trust for'the payment of a debt to Sarah and Nancy J. Smith, for f700, providing that if the said debt was not paid in two months from the date, the said…
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Writ of Error to the Circuit Court of Barbour. Claim of property interposed by Hindman to certain slaves levied on by attachment against one Cross, at the suit of Dill & Co. At the trial, the claimant made title to the slaves in controversy under a deed executed by Cross, the 6th of February, 1846, conveying them to him in trust for'the payment of a debt to Sarah and Nancy J. Smith, for f700, providing that if the said debt was not paid in two months from the date, the said trustee should sell the said slaves, and apply the proceeds to the payment of said debt, and the balance, if any, to pay…
1Opinion of the CourtGoldthwaite, J.
In view of the numerous decisions of this court on the subject of fraudulent conveyances, it is impossible to sustain the charge of the circuit court, that this deed' is fraudulent -upon its face. It may be conceded, the' deed admits the grantor to be in failing circumstances, but *691this of itself cannot destroy his legal right to prefer a creditor. [Robinson v. Rapelye, 2 Stew. 86; Ashurst v. Martin, 9 Porter, 173.] Nor is the reservation of what may remain after paying the preferred debt a trust for the debtor’s use, within the meaning of those decisions which avoid the deed when such a use…
2Cases cited4 opinions
- Robinson v. RapelyeSupreme Court of Alabama · 1829
- Elmes v. SutherlandSupreme Court of Alabama · 1845
- Orr v. DuvallSupreme Court of Alabama · 1840
- Bennet v. MorrisSupreme Court of Alabama · 1839
3Cited by4 opinions
- Perry Insurance & Trust Co. v. FosterSupreme Court of Alabama · 1877
- Carlton, Clark & Co. v. BaldwinTexas Supreme Court · 1859
- Grimshaw v. WalkerSupreme Court of Alabama · 1847
- Wooldridge v. IrvingUnited States Circuit Court · 1884