Holley v. Wilkinson
Supreme Court of Alabama
Appeal from the Chancery Court of Pike. Heard before the Hon. Wade Keyes. The bill in this case was filed by Henry T. Wilkinson, a judgment creditor of Asa Alexander, seeking to subject to the satisfaction of his judgment certain real estate conveyed by said Alexander to Hosea Holley. The complainant’s judgment against Alexander was rendered at the fall term, 1853, of the circuit court of Coffee county.
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Appeal from the Chancery Court of Pike. Heard before the Hon. Wade Keyes. The bill in this case was filed by Henry T. Wilkinson, a judgment creditor of Asa Alexander, seeking to subject to the satisfaction of his judgment certain real estate conveyed by said Alexander to Hosea Holley. The complainant’s judgment against Alexander was rendered at the fall term, 1853, of the circuit court of Coffee county. Alexander’s deed to Holley was executed On the 17th April, 1851; and the bill alleged, that said deed was either without consideration, and therefore fraudulent and void as to creditors, or…
1Opinion of the Court
BIOE, O. J.
— The positive denials of an answer responsive to tbe bill, and which meet the real object and effect of its charges, are not outweighed or disproved by the mere admissions of the respondent, contained in his answer to a garnishment, sued out against him at law by a person different from the complainant, unless the complainant waives the answer being made under oath, as he is allowed to do by section 2877 of the Code. — Love v. Braxton, 5 Call’s Rep. 537; Hope v. Evans, 1 Smedes & Marsh. Ch. Rep. 195; Petty v. Taylor, 5 Dana, 598; Smith v. Rogers, 1 Stew. & Por. 317; Br. B’k at…
2Cases cited2 opinions
- Wilkins v. WilkinsSupreme Court of Alabama · 1837
- Petty v. TaylorCourt of Appeals of Kentucky · 1837
3Cited by1 opinion
- State ex rel. Codding v. FinnMissouri Court of Appeals · 1880