Smith & Co. v. Zurcher
Supreme Court of Alabama
Writ of Error to the County Court of Mobile. This was a proceeding commenced before a justice of the peace, to try the right to-• a female slave, named Penelope, which had been levied on as the property of Duncan Wilkinson, to satisfy an execution at the suit of the defendants in error, against D. Wilkinson & Co., and to whom the plaintiffs in error asserted a claim pursuant to the statute.
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Writ of Error to the County Court of Mobile. This was a proceeding commenced before a justice of the peace, to try the right to-• a female slave, named Penelope, which had been levied on as the property of Duncan Wilkinson, to satisfy an execution at the suit of the defendants in error, against D. Wilkinson & Co., and to whom the plaintiffs in error asserted a claim pursuant to the statute. A verdict and judgment were rendered before the justice in favor of the claimant, and the cause thence removed to the County Court by appeal, where the slave was adjudged liable to the execution, and a…
1Opinion of the CourtCollier, C. J.
It is enacted, by the 1st section of the act of 1828, “ More effectually to prevent frauds and fraudulent conveyances, and for other purposes,” (Clay’s Dig. 255, § 5,) that “all deeds and conveyances of personal property, in trust, to seciue any debt or debts, shall be recorded in the office of the clerk of the County Court, wherein the person making such deed or conveyance shall reside, within thirty days, or else the same shall be void against creditors and subsequent purchasers, without notice; and if any such conveyance shall be made of real estate, the same shall be recorded in the…
2Cases cited4 opinions
- Tuttle v. Jackson ex dem. HillsCourt for the Trial of Impeachments and Correction of Errors · 1830
- Jackson ex dem. Merrick v. PostNew York Supreme Court · 1836
- Magee v. CarpenterSupreme Court of Alabama · 1842
- Myers v. Peek's AdministratorSupreme Court of Alabama · 1841
3Cited by15 opinions
- Boyd v. BeckSupreme Court of Alabama · 1857
- Walker v. Miller & Co.Supreme Court of Alabama · 1847
- Tutwiler v. MontgomerySupreme Court of Alabama · 1882
- Wallis v. RheaSupreme Court of Alabama · 1846
- Smith's Heirs v. Branch Bank at MobileSupreme Court of Alabama · 1852
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