Hubbard v. Allen
Supreme Court of Alabama
APPEAL from tbe Chancery Court of Montgomery. Heard before the Hon. Himiosco Atjstill. Martha Jane Allen, a married woman, by her next friend, Hassan N. Allen, filed her bill of complaint in the Chancery Court of Montgomery county, against William Taylor, Samuel D. Hubbard, Jr., Mary T. Hubbard, Charles R. Hubbard and Caroline Gilmer, for the purpose of setting aside and vacating the conveyances of the real estate therein described.
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APPEAL from tbe Chancery Court of Montgomery. Heard before the Hon. Himiosco Atjstill. Martha Jane Allen, a married woman, by her next friend, Hassan N. Allen, filed her bill of complaint in the Chancery Court of Montgomery county, against William Taylor, Samuel D. Hubbard, Jr., Mary T. Hubbard, Charles R. Hubbard and Caroline Gilmer, for the purpose of setting aside and vacating the conveyances of the real estate therein described. The complainant alleged that she and her husband, Hassan N. Allen, instituted suit in the Circuit Court of Montgomery county, on the 22d day of September, 1866,…
1Opinion of the Court
BEICKELL, C. J.—
Conveyances of property real and personal, whether the consideration is adequate or inadequate, good or valuable, if made in good faith, are valid and operative as between the parties. But as against the existing creditors of the grantor, they can not be supported, unless shown to have been founded on an adequate and valuable consideration. "When between the grantee, and an existing creditor, a controversy arises as to the validity of the conveyance, it has long been the settled rule of this State, that the recital of a consideration, is the mere declaration or admission of…
2Cases cited20 opinions
- Clements v. MooreSupreme Court of the United States · 1868
- Hendon v. WhiteSupreme Court of Alabama · 1875
- Hildreth v. SandsNew York Court of Chancery · 1816
- Wiley, Banks & Co. v. KnightSupreme Court of Alabama · 1855
- Marriott v. GivensSupreme Court of Alabama · 1845
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3Cited by58 opinions
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Pickett v. PipkinSupreme Court of Alabama · 1879
- London v. G. L. Anderson Brass WorksSupreme Court of Alabama · 1916
- Brooks v. GarnerSupreme Court of Oklahoma · 1908
- Harrell v. MitchellSupreme Court of Alabama · 1878
53 more not listed; retrieve them via the Exa API.