Avent v. Read
Supreme Court of Alabama
This was an action of trespass to try titles, brought in 1822, by John Read, in Madison Circuit Court, against Henry Avent, to recover possession of a quarter section of land, and damages for the detention of it. The cause was tried'at the October term, 1827, of the Court, on the plea of not guilty.
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This was an action of trespass to try titles, brought in 1822, by John Read, in Madison Circuit Court, against Henry Avent, to recover possession of a quarter section of land, and damages for the detention of it. The cause was tried'at the October term, 1827, of the Court, on the plea of not guilty. It appeared in evidence, that in March, 1820, one Gray had obtained a judgment against Avent; the land in dispute was levied on by the Sheriff on an execution under this judgment, in March, and sold in September, in the same year, as Avent’s property, when Read became the purchaser. The defendant…
1Opinion of the Court
By JUDGE COLLIER.
The material inquiry, is, whether the registration of a deed conveying lands, be necessary to give to it validity against the creditors of the vendor. The negative of this inquiry is attempted to be sustained, by a reference to the second member of the second section of the statute of frauds, a so much of which as it is important tomotice, is in these words: “ And moreover, if any conveyance be of goods and chattels, and be not on consideration deemed valuable in the law, it shall be taken to be fraudulent within this act, unless the same be by will duly proved and recorded,…
2Cited by7 opinions
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- Center v. P. & M. BankSupreme Court of Alabama · 1853
- Wells v. MorrowSupreme Court of Alabama · 1861
- Douglass v. StateWisconsin Supreme Court · 1854
- De Vendell v. Doe ex dem. HamiltonSupreme Court of Alabama · 1855
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