Lanier v. Driver
Supreme Court of Alabama
Error to the Chancery Court of Sumter. Heard before the Hon. J. W. Lesesne. The record shows the following facts : One Henry F. Scruggs, being largely indebted to sundry persons, among whom was Eli M. Driver, his brother-in-law, executed a deed of trust for their benefit, on the 29th of June, 1889, to one James B. Tartt, as trustee.
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Error to the Chancery Court of Sumter. Heard before the Hon. J. W. Lesesne. The record shows the following facts : One Henry F. Scruggs, being largely indebted to sundry persons, among whom was Eli M. Driver, his brother-in-law, executed a deed of trust for their benefit, on the 29th of June, 1889, to one James B. Tartt, as trustee. This deed conveys to the trustee the grantor’s undivided interest in a certain family of negroes, then in his possession, consisting of a woman named Mary and her three children, Maria, Margaret and Lucinda ; also seven other negroes, a carriage, buggy, horse, and…
1Opinion of the CourtPhelan, J.
Smith filed his bill of interpleader against Lanier, administrator of Thompson, and Driver. The bill sets forth that H. F. Scruggs made two deeds in trust; one to Tartt, trustee, in 1839, to secure sundry creditors, and among *156the rest Driver, in a note for something over $1,000 ; and the other in 1841, to secure Thompson’s administrators, to whom Lanier succeeded. Both deeds embraced the same property ; but the deed of 1839 some property not embraced in the deed of 1841, in which Smith, the complainant in the bill of inter-pleader, was trustee. Smith, the trustee in the second deed, was about…
2Cases cited1 opinion
- Rankin, Duryee & Co. v. LodorSupreme Court of Alabama · 1852
3Cited by1 opinion
- AnonymousSupreme Court of Alabama · 1859