High v. Nelms
Supreme Court of Alabama
Error to the Circuit Court of Perry. Before the Hon. G. D. Shortridge. This was an action of trespass to try title, and recover damages, brought by Benjamin H. Nelms, the defendant in error, against the plaintiffs in error, for a certain house and lot, situate in the town of Marion, Perry county.
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Error to the Circuit Court of Perry. Before the Hon. G. D. Shortridge. This was an action of trespass to try title, and recover damages, brought by Benjamin H. Nelms, the defendant in error, against the plaintiffs in error, for a certain house and lot, situate in the town of Marion, Perry county. The facts, as shown by a bill of exceptions upon the trial below, are these: — The plaintiff below claimed the premises in question under a deed executed by the sheriff, dated the 5th day of March, 1844; this deed was read to the jury, and was made by the sheriff of Perry county, in conformity to a…
1Opinion of the CourtChilton, J.
The main question involved for our inquiry in this case is, had Jonathan Simms such an estate in the land sued for as was subject to sale under execution at law ? There is no principle better settled, than that a person indebted cannot make a valid gift of his property to the prejudice of his creditors. They may, under ordinary circumstances, after having obtained judgment, proceed and sell the property, disregarding the gift. The law requires the claims of creditors should be first adjusted, before the donor is permitted to bestow his effects gratuitously even upon the most cherished object.…
2Cases cited2 opinions
- Jackson ex dem. Anderson v. AndersonNew York Supreme Court · 1830
- Moore v. SpenceSupreme Court of Alabama · 1844
3Cited by6 opinions
- Rowe v. Bonneau-Jeter Hardware Co.Supreme Court of Alabama · 1943
- Marshall v. CroomSupreme Court of Alabama · 1877
- Preston v. BreckinridgeCourt of Appeals of Kentucky · 1888
- Southern Cotton Oil Co. v. HarrisSupreme Court of Alabama · 1912
- Murray v. MurraySupreme Court of Alabama · 1941
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