Hopkins v. Scott
Supreme Court of Alabama
Error to the Circuit Court of Sumter. Tried before the Hon. Wm. R. Smith. Detinue by Scott as trustee against Hopkins, for the recovery of certain slaves and other property. The bill of exceptions shows, that on the 29th of April, 1847, Bobert (x.
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Error to the Circuit Court of Sumter. Tried before the Hon. Wm. R. Smith. Detinue by Scott as trustee against Hopkins, for the recovery of certain slaves and other property. The bill of exceptions shows, that on the 29th of April, 1847, Bobert (x. McMahan, guardian of Turner D. Bell, a minor, found himself in arrears to his ward, and on that day made a deed to the defendant in error as trustee, for the benefit of Christopher D. Scott and the representatives of William McMahan, deceased, his securities on his guardian’s bond. In this deed it is recited that the ward will not attain his…
1Opinion of the Court
LIGON, J.-
1. The deed which forms a part of the bill of exceptions does not on its face show that it was intended to hinder, delay or defraud the creditors of the grantor. It purports to be made upon a fall and ample consideration, and with the intention to save harmless certain persons who had become the securities of the grantor on a guardian’s bond, and it further shows upon its face, that the grantor was in arrears to his ward in a sum exceeding the value of the prop*184erty conveyed. The right of a debtor, fairly, and in good faith, to prefer one creditor over another, or over all others,…
2Cases cited11 opinions
- Marriott v. GivensSupreme Court of Alabama · 1845
- Gazzam v. PoyntzSupreme Court of Alabama · 1842
- Ravisies v. AlstonSupreme Court of Alabama · 1843
- Gillespie v. BattleSupreme Court of Alabama · 1849
- Magee v. CarpenterSupreme Court of Alabama · 1842
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3Cited by2 opinions
- Sandlin v. Anderson, Green & Co.Supreme Court of Alabama · 1884
- Abney v. PickettSupreme Court of Alabama · 1852