Stokes v. Jones
Supreme Court of Alabama
ERROR to tbe Circuit Court of Greene. Tried before the Hon. Thowas A. Walker. EJECTMENT by tbe plaintiff against tbe defendant in error.
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ERROR to tbe Circuit Court of Greene. Tried before the Hon. Thowas A. Walker. EJECTMENT by tbe plaintiff against tbe defendant in error. It appears by bill of exceptions, tbat tbe land in controversy was originally purchased from tbe Government of tbe United States by one McCarty, under tbe credit system; that having made partial payment, and obtained from the land office certificates of such purchase and payment, McCarty transferred bis interest in tbe same to John Stokes, Sr., who, while be thus beld the land, executed to bis children a deed, in which be recites, tbat, for and in…
1Opinion of the CourtChilton, C. J.
1. The first question presented by the record is, can a court of law avoid a deed in favor of a bona fide purchaser for a valuable consideration, which was made to delay, hinder and defraud creditors. The counsel for the plaintiff insists, that the deed can only be avoided for this description of fraud, in a court of equity, and that the fraud which will vitiate a conveyance in a court of law, must relate to its execution. There are cases where this general language has been held; as in the case of Mordecai & Wanroy v. Tankersley, 1 Ala. 102, where the learned judge in delivering the opinion,…
2Cases cited6 opinions
- Thomas v. DegraffenreidSupreme Court of Alabama · 1850
- Gannard v. EslavaSupreme Court of Alabama · 1852
- Gregg Ex Rel. Craig v. Lessee of SayreSupreme Court of the United States · 1834
- Murray v. StateSupreme Court of Alabama · 1851
- Stokes v. JonesSupreme Court of Alabama · 1851
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Shipp v. SheltonSupreme Court of Alabama · 1915
- McCrory v. DonaldSupreme Court of Alabama · 1915
- Morris v. HallSupreme Court of Alabama · 1868
- Allen v. Caldwell, Ward & Co.Supreme Court of Alabama · 1906
4 more not listed; retrieve them via the Exa API.