Elmes v. Sutherland
Supreme Court of Alabama
Writ of error to the Court of Chancery for the 26th District of the Middle Division. The case made by the bill is substantially this: On the 14th of April, 1842, Wiley J. Sorell, executed a deed of trust which on its face appears as an indenture tri-parte.
Read the full summary
Writ of error to the Court of Chancery for the 26th District of the Middle Division. The case made by the bill is substantially this: On the 14th of April, 1842, Wiley J. Sorell, executed a deed of trust which on its face appears as an indenture tri-parte. Sorell of the first part, Sutherland, the complainant, of the second part, and James M. Sorell and Henry Adams, execu.tors of the estate of John Sorell, deceased, John Sorell, James M. Sorell, James Pylant, Person Davis, and Larkin Barnett of the third part, It recites, that the party of the first part is in- ' debted severally to the…
1Opinion of the CourtGoldthwaite, J.
— 1. In the consideration of this case, it is important to bear in mind that, although the assignment upon its face appears to be the mere voluntary act of the debt- or and without any immediate consideration passing from the creditors named in it, yet there is nothing to show that the debtor at that time was in failing circumstances. In the first 'aspect, it differs from a mortgage executed concurrently with the creation or extension of a debt, and in the last, from an assignment by an insolvent debtor, in contemplation of his insolvency. This distinction between this case and that of an…
2Cases cited1 opinion
- Brooks v. MarburySupreme Court of the United States · 1826
3Cited by17 opinions
- Nelson & Hatch v. DunnSupreme Court of Alabama · 1849
- Baldwin v. Peet, Sims & Co.Texas Supreme Court · 1859
- Johnson v. ThweattSupreme Court of Alabama · 1851
- Graham v. LockhartSupreme Court of Alabama · 1845
- Abercrombie v. BradfordSupreme Court of Alabama · 1849
12 more not listed; retrieve them via the Exa API.