Lawson v. Alabama Warehouse Co.
Supreme Court of Alabama
Aiteal from Pike Chancery Court. Heard before Hon. H. Austill. As originally filed, this was a bill by the Alabama Warehouse Company, a body corporate under the laws of this State, and by certain named individuals, who are averred to be stockholders in said corporation, and “ interested in this suit, and made co-complainants,” against John R. Lawson and W. L. Jones, seeking to have a mortgage on real estate, executed by Jones to Lawson on 11th October, 1873, set aside as…
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Aiteal from Pike Chancery Court. Heard before Hon. H. Austill. As originally filed, this was a bill by the Alabama Warehouse Company, a body corporate under the laws of this State, and by certain named individuals, who are averred to be stockholders in said corporation, and “ interested in this suit, and made co-complainants,” against John R. Lawson and W. L. Jones, seeking to have a mortgage on real estate, executed by Jones to Lawson on 11th October, 1873, set aside as having been made for the prirpose of hindering, delaying and defrauding the creditors of said Jones, and, therefore, as…
1Opinion of the CourtBrickell, C. J.
— It is an incident of the “ absolute power which a man possesses over his own property, that he may make any disposition of it in which he does not interfere with the existing rights of others, and such disposition, if it be fair and real, will be valid. The limitations on this power are those only which are prescribed by law.” — Sexton v. Wheaton, 8 Wheat. 229. The statute of frauds avoids gifts or convej'ances only as to creditors or purchasers — the only persons whose rights are interfered with, and who can from them sustain legal injury. Between the parties and their privies, they are…
2Cases cited16 opinions
- Sexton v. WheatonSupreme Court of the United States · 1823
- Prout v. HogeSupreme Court of Alabama · 1876
- Snodgrass v. Branch Bank at DecaturSupreme Court of Alabama · 1854
- Pickett v. PipkinSupreme Court of Alabama · 1879
- McMaken v. McMakenSupreme Court of Alabama · 1851
11 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Yeend v. WeeksSupreme Court of Alabama · 1893
- Thomas v. BarnesSupreme Court of Alabama · 1929
- Powe v. McLeod & Co.Supreme Court of Alabama · 1884
- Griffin v. BozemanSupreme Court of Alabama · 1937
- Homestead Mining Co. v. ReynoldsSupreme Court of Colorado · 1902
17 more not listed; retrieve them via the Exa API.