Eastman v. McAlpin
Supreme Court of Georgia
This was a Bill in Equity, filed to set aside a conveyance of an insolvent debtor, under the act of 1818, and was tried before Judge Fleming, in Chatham Superior Court, January Term, 1846. The following are the facts of the case : Henry McAlpin, the defendant in error, under a contract for that purpose, furnished bricks to Samuel Philbriek, one of the plaintiffs in error, for the building of a dwelling-house and outbuildings on two lots in Brown Ward, city of Savannah.
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This was a Bill in Equity, filed to set aside a conveyance of an insolvent debtor, under the act of 1818, and was tried before Judge Fleming, in Chatham Superior Court, January Term, 1846. The following are the facts of the case : Henry McAlpin, the defendant in error, under a contract for that purpose, furnished bricks to Samuel Philbriek, one of the plaintiffs in error, for the building of a dwelling-house and outbuildings on two lots in Brown Ward, city of Savannah. The bill for the bricks was partially paid, when Philbriek suspended payment, generally. After liis suspension, he paid about…
1Opinion of the Court
By the Court
Warner, Judge.
The complainant in this case filed his bill for the purpose of setting aside a conveyance of certain real and personal estate, made by Philbrick to Eastman, on the ground such conveyance was fraudulent, according to the provisions of the act of 19th Dec. 1818.
The complainant charges in his bill that Philbrick remained in possession of two of the negroes, and furniture after the sale, and occupied the house in Brown Ward, so soon as the same was sufficiently completed for that purpose. The complainant also charges, the property conveyed was held in trust for the…
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