Bozman v. Draughan
Supreme Court of Alabama
Ox the 87th September, 1S34, James H. Draughan, executor of Robert Draughan, deceased, filed his bill in Chancery against Daniel Bozman, Philemon Bozman and Jacob 'Hollingsworth, in Monroe Circuit Court.
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Ox the 87th September, 1S34, James H. Draughan, executor of Robert Draughan, deceased, filed his bill in Chancery against Daniel Bozman, Philemon Bozman and Jacob 'Hollingsworth, in Monroe Circuit Court. The complainant in his bill charges, that at the April term next preceeding, he recovered as executor, a judgment against Daniel Bozman for upwards of $3000, and against Philemon Bozman.as his security for a lesser sum; that Daniel Bozman is the owner of four quarter sections of land, on which only one fourth of the purchase money had been paid to the government; and that he is the proprietor…
1Opinion of the Court
Ify JUDGE COLLIER.
The merits of this case are embraced, in a very small compass. The only-inquiry that need be made, is whether the transaction between Hollingsworth and Bozman, as exhibited by the proof, is fraudulent, or is accompanied by good.faith, and tained by a valuable consideration on the part of Hol-lingsworth. It is not enough that the notes, &c., were received by him as a consideration for the land conveyed, unless they were received without any design to delay or defeat the payment of the defendant’s demand. If such was his purpose and intention, the receipt of Boz-man’s property…
2Cited by10 opinions
- Juzan v. ToulminSupreme Court of Alabama · 1846
- Maury's Adm'r v. Mason's Adm'rSupreme Court of Alabama · 1838
- McKinley v. IrvineSupreme Court of Alabama · 1848
- Crawford v. KirkseySupreme Court of Alabama · 1874
- Pulliam, Wills, Rankin & Co. v. Newberry's AdministratorSupreme Court of Alabama · 1867
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