Pickett v. Pipkin
Supreme Court of Alabama
Appeal from the Chancery Court of Bullock. Heard before the Hon. N. S. Graham. The original bill in this case was filed on the 15th April, 1874, by Mary Pickett and Sarah Pickett, infants who sued by their next friend, against Haywood Pipkin, Eliza A. Pip-kin, his wife, Isaac L. Pipkin, his son, M. E. Pruett, his son-in-law, John Cameron, and R. B. Thornton ; and sought to set aside, as fraudulent, several conveyances by which said Haywood Pipkin disposed of his property to…
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Appeal from the Chancery Court of Bullock. Heard before the Hon. N. S. Graham. The original bill in this case was filed on the 15th April, 1874, by Mary Pickett and Sarah Pickett, infants who sued by their next friend, against Haywood Pipkin, Eliza A. Pip-kin, his wife, Isaac L. Pipkin, his son, M. E. Pruett, his son-in-law, John Cameron, and R. B. Thornton ; and sought to set aside, as fraudulent, several conveyances by which said Haywood Pipkin disposed of his property to the different members of his family, and to subject the property to sale in satisfaction of decrees which the…
1Opinion of the CourtBrickell, C. J.
1. The statute of frauds avoids gifts or conveyances, only as to creditors or purchasers, the persons who may sustain injury from them. Between the parties and their privies, they are valid, and have the same operation and effect as if founded on a valuable consideration, fair, bona fide, untainted with a covinous intent. Strangers have no right or interest in questioning, and are not permitted to impeach or disturb them. When, therefore, a party, claiming to be a creditor, avers a gift or conveyance to be in fraud of his rights, and void under the statute, the primary fact is the existence…
2Cases cited10 opinions
- Snodgrass v. Branch Bank at DecaturSupreme Court of Alabama · 1854
- Hubbard v. AllenSupreme Court of Alabama · 1877
- Flewellen v. CraneSupreme Court of Alabama · 1877
- Harrell v. MitchellSupreme Court of Alabama · 1878
- Sidensparker v. SidensparkerSupreme Judicial Court of Maine · 1864
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3Cited by56 opinions
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1884
- London v. G. L. Anderson Brass WorksSupreme Court of Alabama · 1916
- Yeend v. WeeksSupreme Court of Alabama · 1893
- Valley Bank v. MalcolmArizona Supreme Court · 1922
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