Childs v. Derrick
Tennessee Supreme Court
Robbins was embarrassed in his circumstances and conveyed by bill of sale, to his kinsman Derrick, a slave named Moses, to prevent his being sold to pay his debts. The consideration stated in the bill, was $>500, but there is no doubt this bill of sale was fraudulent as to creditors. Moses was given to M’Whirter for Hannah and $¡200, under the direction of Robbins, and the possession of Hannah was delivered to Robbins.
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Robbins was embarrassed in his circumstances and conveyed by bill of sale, to his kinsman Derrick, a slave named Moses, to prevent his being sold to pay his debts. The consideration stated in the bill, was $>500, but there is no doubt this bill of sale was fraudulent as to creditors. Moses was given to M’Whirter for Hannah and $¡200, under the direction of Robbins, and the possession of Hannah was delivered to Robbins. The bill of sale fpr Hannah was given to Derrick, as the trustee of Robbins, and Robbins acted as cestui que trust in taking possession of Hannah and acting as her owner —…
1Opinion of the Court
Judge Haywood
delivered the following opinion of the court. The question for the court to decide, is, whether, from the statement of facts, Hannah is to be considered the property of Robbins, so far as his creditors are concerned and liable to be sold under a fi. fa. at law against Robbins. In 8th East, it is settled that' the trust of a term is not liable to a fi. fa. because it is leviable only on a legal interest. A fi. fa. was not then leviable on the interest of Robbins in Hannah, for he had only an equitable interest. If, in every fair transaction, the equitable interest of a cestui que…
2Cited by1 opinion
- Chumbley v. CarrickTennessee Supreme Court · 1953