Frow v. Smith
Supreme Court of Alabama
Writ of Error to the Circuit Court of Lowndes. Claim interposed by Thomas Smith, on behalf o'f himself and others, as trustees of a deed executed by Henry Stewart, to certain cotton levied on as his property, at the suit of Frow. At the trial, the claimants offered a deed from Stewart, dated 19th December, 1842, and conveying to them certain lands, slaves, and other property therein described, as well as certain notes due from divers individuals to the grantor.
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Writ of Error to the Circuit Court of Lowndes. Claim interposed by Thomas Smith, on behalf o'f himself and others, as trustees of a deed executed by Henry Stewart, to certain cotton levied on as his property, at the suit of Frow. At the trial, the claimants offered a deed from Stewart, dated 19th December, 1842, and conveying to them certain lands, slaves, and other property therein described, as well as certain notes due from divers individuals to the grantor. Among the property thus conveyed, are 25 head of sheep, 125 head of hogs, about 1000 bushels of corn, 15,000 pounds of fodder. All…
1Opinion of the CourtGoldthwaite, J.
1. There is nothing in this deed from which a court is enabled per se, to determine the fraudulent intention of the grantor; for although it is recited he is largely indebted, it does not thence necessarily follow that he was in failing circumstances, or contemplated immediate insolvency. It seems to fall entirely within the principles settled by this court in Dubose v. Dubose, 7 Ala. Rep. 235; Elmes v. Sutherland, Ib. 262; Pope v. Wilson, Ib. 262, and Graham v. Lockhart, 8 Ib. 1. See also, Ticknor v. Wiswall, 9 Ala. Rep. 305.] The deed appears to be a mere security for the indemnification of…
2Cases cited2 opinions
- Dubose v. DuboseSupreme Court of Alabama · 1845
- Tickner v. WiswallSupreme Court of Alabama · 1846
3Cited by1 opinion
- Coker v. ShropshireSupreme Court of Alabama · 1877