Marriott v. Givens
Supreme Court of Alabama
Appeal from the Court of Chancery for the 39th District. This bill was filed by William T. Givens, against certain execution creditors of Ed. Herndon, and the case made by it is as follows.
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Appeal from the Court of Chancery for the 39th District. This bill was filed by William T. Givens, against certain execution creditors of Ed. Herndon, and the case made by it is as follows. Herndon being largely indebted to Givens, made and executed two deeds of trust, conveying certain real and personal estate to one Jesse C. Cobb, upon trusts which will be recited hereafter ; one of these deeds is dated the 20th, the other the 21st April, 1840. These deeds were duly recorded in the proper office. After-wards, Marriott & Hardesty obtained a judgment against Hern-don, and also against Cobb,…
1Opinion of the CourtGoldthwaite, J.
This bill presents several distinct features, which it is proper to advert to, previous to the consideration of the questions raised upon the record. One of them is, that the complainant asserts an absolute title to four of the slaves involved in this controversy, and as to them seeks no ultimate disposition by the décree; but only to restrain the creditors of a *706third person from pursuing these at law, in satisfaction of their claims against him ; in other terms, the bill claims that the Court of Equity shall interfere to ascertain where the legal title in these slaves is. The only assigned…
2Cases cited5 opinions
- Varick v. Smith & The Attorney GeneralNew York Court of Chancery · 1835
- Planters' & Merchants' Bank of Mobile v. WillisSupreme Court of Alabama · 1843
- Streeper v. EckartSupreme Court of Pennsylvania · 1837
- Magee v. CarpenterSupreme Court of Alabama · 1842
- Williams v. JonesSupreme Court of Alabama · 1841
3Cited by25 opinions
- Hubbard v. AllenSupreme Court of Alabama · 1877
- Rea v. Longstreet & SedgwickSupreme Court of Alabama · 1875
- Knight v. CapitoWest Virginia Supreme Court · 1884
- Allen v. Montgomery Rail RoadSupreme Court of Alabama · 1847
- Abney v. Kingsland & Co.Supreme Court of Alabama · 1846
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