Reed v. Smith
Supreme Court of Alabama
Error to the Circuit Court of Perry. Before the Hon. J. D, Phelan. Trespass to try the title to land, by the plaintiff against the defendant in error. On the trial of the cause, the plaintiff introduced a deed made by the sheriff of Perry, conveying the land in controversy to him.
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Error to the Circuit Court of Perry. Before the Hon. J. D, Phelan. Trespass to try the title to land, by the plaintiff against the defendant in error. On the trial of the cause, the plaintiff introduced a deed made by the sheriff of Perry, conveying the land in controversy to him. This deed was made on the 4th March, 1844, and recites that he had sold the land to the plaintiff, in virtue of an execution against John Scarborough, in favor'of Jacob McElroy, on a judgment for $ 157 12, and $>78 56 costs. The deed was acknowledged on the day of its date, and filed for registration with the clerk…
1Opinion of the CourtDargan, J.
If the deed from Scarborough to Watts was fraudulent, and intended to hinder and delay creditors, it was null and void, as against the then existing creditors of Scarborough, and being void, it would form no obstacle to the levy upon, and the sale of, the land thus fraudulently conveyed. This'is not denied by the defendant’s counsel, but it is contended, that Smith is a bona fide purchaser from Watts, who was in possession, that he ■ had no notice either of the fraud or the sale of the sheriff, and consequently holds the legal title purged of all fraud.
' If Smith has the legal title as…
2Cases cited4 opinions
- Bridge v. EgglestonMassachusetts Supreme Judicial Court · 1817
- Anderson v. RobertsNew York Supreme Court · 1820
- Jackson v. CaryNew York Supreme Court · 1819
- Jackson ex rel. Swartwout v. ColeNew York Supreme Court · 1825
3Cited by7 opinions
- Thames & Co. v. Rembert's Adm'rSupreme Court of Alabama · 1879
- Gimon v. DavisSupreme Court of Alabama · 1860
- Rowe v. Bonneau-Jeter Hardware Co.Supreme Court of Alabama · 1943
- Gilliland v. FennSupreme Court of Alabama · 1890
- Howard v. CoreySupreme Court of Alabama · 1899
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