Governor v. Campbell
Supreme Court of Alabama
Error to the Circuit'Court of Montgomery, Tried before the Hon. Geo. W. Stone. This was an action of debt by .the plaintiff in error against the defendants in error on the official bond of William J. Campbell, late sheriff of Coosa county, to recover the amount due on an execution in favor of David Wheeler against one Jeremiah M. Friou, which execution was placed in the hands of said Campbell on the 1st day of October 1840, returnable to the spring term 1S41, of the Circuit…
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Error to the Circuit'Court of Montgomery, Tried before the Hon. Geo. W. Stone. This was an action of debt by .the plaintiff in error against the defendants in error on the official bond of William J. Campbell, late sheriff of Coosa county, to recover the amount due on an execution in favor of David Wheeler against one Jeremiah M. Friou, which execution was placed in the hands of said Campbell on the 1st day of October 1840, returnable to the spring term 1S41, of the Circuit Court of said county, and upon which it is suggested that Campbell could have made the money by due diligence, but…
1Opinion of the CourtDargan, C. J.
That the law presumes the assent of ■creditors to a deed of assignment executed by an insolvent debtor, when the conveyance is beneficial to them, is now so well established by the decisions.of this court, that the question is not open to controversy. — Robinson v. Rapelye, 2 Stew. 86; Wiswall v. Ross et al. 4 Porter, 321; Gazzam v. Pointz, 4 Ala. 374; Kennard v. Thompson, 12 Ala. 487. In the case of Smith v. Leavitt, 10 ib. 92, the deed, out of which the controversy in this case grows, was before this court, and it was held not to be fraudulent on its face, and the provisions such, that the…
2Cases cited9 opinions
- Gazzam v. PoyntzSupreme Court of Alabama · 1842
- Anderson v. HooksSupreme Court of Alabama · 1846
- Stover v. HerringtonSupreme Court of Alabama · 1844
- Robinson v. RapelyeSupreme Court of Alabama · 1829
- Wiswall v. RossSupreme Court of Alabama · 1837
4 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Holt & Chambers v. BancroftSupreme Court of Alabama · 1857
- Fincher v. StateSupreme Court of Alabama · 1877
- Karr v. StateSupreme Court of Alabama · 1894
- Seals v. EdmondsonSupreme Court of Alabama · 1882
- Martin, Dumee & Co. v. Brown, Shipley & Co.Supreme Court of Alabama · 1883
29 more not listed; retrieve them via the Exa API.