Geyer v. Branch Bank at Mobile
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Tried before the Hon. JOHN Bragg. This was a trial of the right of property, under the statute, to a certain slave, between Greyer, as trustee, and the Branch Bank at Mobile.
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Error to the Circuit Court of Mobile. Tried before the Hon. JOHN Bragg. This was a trial of the right of property, under the statute, to a certain slave, between Greyer, as trustee, and the Branch Bank at Mobile. It was admitted in this case, tbat the negro slave levied on was purchased with the money raised from the bonds mentioned in the deed of- trust, (to wbicb further reference will be made hereafter,) made in contemplation of marriage between defendant in execution and Miss Bonneau; tliat the slave was in the possession of John S. Geyer, the defendant in execution, at the time of the…
1Opinion of the CourtPhelan, J.
— The provision of the deed in trust in this case, under which the property was held to be subject to the debts of the husband, cannot, I think, be distinguished, in substance, from the provision of the deed in the case of Pollard et al. v. Merrill, 15 Ala. 169.
The words of the deed in the Pollard case were these: “To have and to hold, &c., for the separate and exclusive use, benefit and maintenance of the said Sarah Ann Webb and *417the said Wm. H. Pollard, during their joint lives, in no wise liable or subject to him, the said Wm. H. Pollard, or to the payment of any of his debts or liabilities…
2Cases cited1 opinion
- Pollard v. MerrillSupreme Court of Alabama · 1849
3Cited by3 opinions
- Caldwell v. Pickens' Adm'rSupreme Court of Alabama · 1864
- Mitchell v. GatesSupreme Court of Alabama · 1853
- Sanderson v. JonesSupreme Court of Florida · 1855