McClarin v. Anderson
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. W. H. Tayloe. The bill in this case was filed on September 9, 1893, by the appellee, Thomas Anderson, against the appellant, Mary J. McClarin and sought to have a certain conveyance of land executed by Robert McClarin and Mary J. McClarin to James Robertson, and a deed conveying the same lands from James Robertson and wife to Mary J. McClarin, set aside and annulled as fraudulent, and the property conveyed…
Read the full summary
Appeal from the Chancery Court of Mobile. Heard before the Hon. W. H. Tayloe. The bill in this case was filed on September 9, 1893, by the appellee, Thomas Anderson, against the appellant, Mary J. McClarin and sought to have a certain conveyance of land executed by Robert McClarin and Mary J. McClarin to James Robertson, and a deed conveying the same lands from James Robertson and wife to Mary J. McClarin, set aside and annulled as fraudulent, and the property conveyed therein sold for the payment of a judgment recovered by Thomas Anderson against Robert McClarin. The bill and its exhibits…
1Opinion of the CourtHaralson, J.
1. The plaintiff’s judgment was rendered on the 13th May, 1875, in an action in tort, and executions were issued thereon on the 7th June, 1875, on 6th February, 1882, on 23d May, 1885, and on the 17th April, 1887. The judgment was kept alive, and is not now dormant. Two levies were made on the defendant’s land, and twice he interposed his claim of exemption, which plaintiff attempted to contest, each time unsuccessfully.
2. There is nothing in the ground of demurrer, that an administrator of Robert McClarin was not made a party defendant. It is alleged he died insolvent, without leaving…
2Cases cited8 opinions
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Bibb v. FreemanSupreme Court of Alabama · 1877
- Coffey v. Norwood & NorwoodSupreme Court of Alabama · 1886
- Perkins v. MooreSupreme Court of Alabama · 1849
- Early & Lane v. OwensSupreme Court of Alabama · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Julian v. WoolbertSupreme Court of Alabama · 1919
- Crowson v. CodySupreme Court of Alabama · 1926
- Terrell v. NelsonSupreme Court of Alabama · 1917
- Lawrence v. United States Fidelity & Guaranty Co.Supreme Court of Alabama · 1933
- McClarin v. AndersonSupreme Court of Alabama · 1895
4 more not listed; retrieve them via the Exa API.