Randolph v. Webb
Supreme Court of Alabama
Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed by the appellant, Hyland Randolph, Jr., and averred the following facts : Hyland Randolph, Sr., the father of complainant, desiring to donate to his son the lands in question, purchased them from one Briggs, who was then the owner, for the use and benefit of the complainant; and on the 6th day of March, 1874, said Briggs, at the request of complainant’s said…
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Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed by the appellant, Hyland Randolph, Jr., and averred the following facts : Hyland Randolph, Sr., the father of complainant, desiring to donate to his son the lands in question, purchased them from one Briggs, who was then the owner, for the use and benefit of the complainant; and on the 6th day of March, 1874, said Briggs, at the request of complainant’s said father and for the consideration expressed in the deed, conveyed to him the sa.id land in trust for the benefit of…
1Opinion of the CourtMcCLELLAN, J.
The deed of trust to Sumner being made to secure the debt, among others, of the American National Bank, which constituted more than five-sixths of the grantor’s total indebtedness, all which was provided for in the deed, stands upon the same footing in respect of the inquiry whether the bank was a purchaser for value as if the security had taken the-form of a mortgage directly to it. So that, while if the instrument involved only the security of the bank’s existing debt, it could not occupy the position of a bona fide purchaser for value without notice, yet' if the time of maturity of its…
2Cases cited3 opinions
- Thames & Co. v. Rembert's Adm'rSupreme Court of Alabama · 1879
- Whitfield v. RiddleSupreme Court of Alabama · 1884
- Cahalan v. Monroe, Smaltz & Co.Supreme Court of Alabama · 1876
3Cited by6 opinions
- Snellgrove v. EvansSupreme Court of Alabama · 1906
- Farmers & Merchants State Bank v. WhiteSupreme Court of Kansas · 1939
- Starr Piano Co. v. BakerAlabama Court of Appeals · 1913
- Horton v. Wright, Barrett, & Stillwell Co.North Dakota Supreme Court · 1917
- Aycock v. Ft. Branch Mill. Co.Supreme Court of Alabama · 1914
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