Doe ex dem. Shackelford v. Planters' & Merchants' Bank of Mobile
Supreme Court of Alabama
Error to the Circuit Court of Autauga. Tried before tbe Hon. John D. Phelan. EjectmeNT by the plaintiff in error, deriving the title to the premises through one who claimed by purchase at a sheriff’s sale, made in November, 1843, under execution against Thomas W. Fleming.
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Error to the Circuit Court of Autauga. Tried before tbe Hon. John D. Phelan. EjectmeNT by the plaintiff in error, deriving the title to the premises through one who claimed by purchase at a sheriff’s sale, made in November, 1843, under execution against Thomas W. Fleming. The defendant claimed under a deed of trust executed by said Fleming in 1838, for the benefit of his creditors, and a purchase and conveyance from the trustees in 1840. This deed of trust recites, that the grantor owed between fifteen and twenty thousand dollars; that a larger amount was due to him than he owed, which, under…
1Opinion of the CourtGoldth Waite, J.
The only question made in the case is, as to the validity of the assignment executed by Fleming.
The parts of the deed relied on by the plaintiff in error, in support of the position that it is fraudulent upon its face, are:
1. The statement or recitals which it contains, in relation to a portion of the creditors being disposed to sell the property of the assignor, at a time when there was but little money in circulation, and that his property was more than sufficient to pay his debts, if sold at a more favorable period, and if thus sold, a considerable surplus would be left.
2. That the…
2Cases cited2 opinions
- Abercrombie v. BradfordSupreme Court of Alabama · 1849
- Ashurst v. MartinSupreme Court of Alabama · 1839
3Cited by6 opinions
- Globe Iron Roofing & Corrugating Co. v. ThacherSupreme Court of Alabama · 1888
- Landeman v. Wilson & BeardsleyWest Virginia Supreme Court · 1887
- Walthall's Ex'rs v. Rives, Battle & Co.Supreme Court of Alabama · 1859
- Pope v. BurgessSupreme Court of North Carolina · 1949
- Bank of Mobile v. DunnSupreme Court of Alabama · 1880
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