McKinstry v. Conly
Supreme Court of Alabama
Error to the Chancery Court of Mobile. The bill was filed by the plaintiff in error, to redeem certain slaves upon an alledged mortgage, existing between the defendant in error, and one Giles M. Mallett,. a bankrupt, whose interest the plaintiff asserts by a purchase, and conveyance from the assignee in bankruptcy.
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Error to the Chancery Court of Mobile. The bill was filed by the plaintiff in error, to redeem certain slaves upon an alledged mortgage, existing between the defendant in error, and one Giles M. Mallett,. a bankrupt, whose interest the plaintiff asserts by a purchase, and conveyance from the assignee in bankruptcy. The bill charges, that Mallett, being indebted to Conly in the sum of $2,636, for several sums of money before the 28th May, 1839, advanced to him, in order to paya part of the debt, and to secure the residue, on that day executed to Conly, an instrument which on its face purports…
1Opinion of the CourtOrmond, J.
This is an application to redeem certain slaves, in virtue of an alledged mortgage, which, though in the form of an absolute sale, with a right to re-purchase, is alledged in the bill to have been intended to operate as a mortgage.
The allegations of the bill are substantially proved by the depositions of Mallett and his wife ; the former having been-previously the owner of the property, and all his rights having been transferred to the plaintiff, on his becoming a bankrupt, by the assignee in bankruptcy. On the other hand, the subscribing witness to the bill of sale, states, that he supposed…
2Cases cited5 opinions
- Hunt v. RhodesSupreme Court of the United States · 1828
- Conway's Executors & Devisees v. AlexanderSupreme Court of the United States · 1812
- Clark v. HenryCourt for the Trial of Impeachments and Correction of Errors · 1823
- Heirs v. United States Bank of PennsylvaniaSupreme Court of Alabama · 1845
- Hair v. La BrouseSupreme Court of Alabama · 1846
3Cited by28 opinions
- McNamara v. CulverSupreme Court of Kansas · 1879
- West v. HendrixSupreme Court of Alabama · 1856
- Corley v. VizardSupreme Court of Alabama · 1919
- Peeples v. StollaSupreme Court of Alabama · 1876
- Mobile Building & Loan Ass'n v. RobertsonSupreme Court of Alabama · 1880
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