De Vendell v. Doe ex dem. Hamilton
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. Ohaeles W. Rapieb. Ejectment by Thomas A. Hamilton against Emilius De Vendell, to recover a certain lot in the city of Mobile.
Read the full summary
Appeal from the Circuit Court of Mobile. Tried before the Hon. Ohaeles W. Rapieb. Ejectment by Thomas A. Hamilton against Emilius De Vendell, to recover a certain lot in the city of Mobile. The case was submitted to' the court, without the intervention of a jury, on the following agreed statement of facts : “ On the 5th day of June, 1840, A. Batre held the legal title to, and was in possession of, the property in controversy, and on that day a deed, embracing the same, was executed, acknowledged and delivered to Paul Chaudron ; but said instrument, a copy of which is hereunto annexed, marked…
1Opinion of the Court
CHILTON, 0. J.
1. Under the facts of this case, we feel no hesitation in holding the judgment of the Circuit Court to be correct.
The statute by which the validity of the deeds under which the defendant claims must be tested, declares that “ All deeds and conveyances of personal property, in trust to secure any debt or debts, shall -be recorded, in the office of the clerk of the county court of the county wherein the person making such deed or conveyance shall reside, within thirty days, or else the same shall be void against creditors *164and subsequent purchasers without notice; and if any such…
2Cases cited6 opinions
- Daniel v. SorrellsSupreme Court of Alabama · 1846
- Houston v. StantonSupreme Court of Alabama · 1847
- Etheridge v. Doe ex dem. MalempreSupreme Court of Alabama · 1851
- Mallory v. StodderSupreme Court of Alabama · 1844
- Avent v. ReadSupreme Court of Alabama · 1830
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Grace v. Wade & MainsTexas Supreme Court · 1876
- Andrews v. GreySupreme Court of Alabama · 1917
- Preston & Stetson v. McMillanSupreme Court of Alabama · 1877
- Nooe's v. Garner's Adm'rSupreme Court of Alabama · 1881
- Wells v. MorrowSupreme Court of Alabama · 1861
18 more not listed; retrieve them via the Exa API.