Dubose v. Dubose
Supreme Court of Alabama
Writ of error to the Circuit Court of Marengo County. Detinue by James H. Dubose against Joel Dubose for certain slaves. At the trial, it was shown in evidence that the defendant, as sheriff of Marengo county, on the 8th of November, 1S42, seized the slaves in controversy, as the property of Isaiah Du-bose, by virtue of a fieri facias against him at the suit of one Maywood, issued the same1 day.
Read the full summary
Writ of error to the Circuit Court of Marengo County. Detinue by James H. Dubose against Joel Dubose for certain slaves. At the trial, it was shown in evidence that the defendant, as sheriff of Marengo county, on the 8th of November, 1S42, seized the slaves in controversy, as the property of Isaiah Du-bose, by virtue of a fieri facias against him at the suit of one Maywood, issued the same1 day. The slaves, at the time of levy, were in possession of the defendant in execution, and had been so, as his property, for many years. The plaintiff introduced as evidence, a deed made on the 14th of…
1Opinion of the CourtGoldthwaite, J.
— 1. We shall consider the charge asked for by the defendant as intended to elicit from the Court the opinion, that this deed, for matters apparent on its face, is fraudulent and void as against the creditor of the grantor ; but stating it even in this manner, we think its refusal was correct.
The object of this conveyance, as expressed on its face, is, that the grantor being “ willing and anxious fully and completely to secure, indemnify and protect the said James H. Du-bose, and the several parties of the third part, in the payment of the specified debts, and to relieve the said securities…
2Cited by13 opinions
- Allen v. Montgomery Rail RoadSupreme Court of Alabama · 1847
- Hawkins v. Roberts & SonSupreme Court of Alabama · 1898
- Townsend & Bros. v. HarwellSupreme Court of Alabama · 1850
- Beall v. WilliamsonSupreme Court of Alabama · 1848
- Stetson & Co. v. MillerSupreme Court of Alabama · 1860
8 more not listed; retrieve them via the Exa API.