Legal Opinion

Toulmin v. Buchanan's Executors

Supreme Court of Alabama

Decided January 15, 1827PublishedCited by 4 opinions

Trover in the Circuit Court of Washington county, by Theophilus L. Toulmin against Buchanan, fo- a negro man slave. General issue, ver,diet and judgement for defendant. The pli’intifi tlahrcd the slave under a gift from James Caller, the fathei of his wife ; he was married iu the early part of the sun unci, and the gift was made in the sun ceding fall. At the time of his marriage, he received *our or five negroes from his father- in-law.

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Trover in the Circuit Court of Washington county, by Theophilus L. Toulmin against Buchanan, fo- a negro man slave. General issue, ver,diet and judgement for defendant. The pli’intifi tlahrcd the slave under a gift from James Caller, the fathei of his wife ; he was married iu the early part of the sun unci, and the gift was made in the sun ceding fall. At the time of his marriage, he received *our or five negroes from his father- in-law. At the time oi the gift, Caller was much embarrassed by debts, more than he was ablr to pay, and shortly afterwards died. The negro in question was levied on…

1Opinion of the Court

JUDGE CRENSHAW

delivered the opinion of the Court.

The substance of the charge, appears to have been, that if Caller’s just debts exceeded a fair valuation of his property, and the gift was to the prejudice of his creditors, it was absolutely void. L'hese were circumstances to be left to the jury, and if connected with others sufficiently strong, they might infer that the gift was originally intended as a fraud upon creditors, and therefore void. But unconnected with other circumstances of fraud on the part of Caller, the mere fact that his debts exceeded the value of his property, and that the…

2Cited by4 opinions

  1. Anderson v. AndersonSupreme Court of Alabama · 1879
  2. Foote v. CobbSupreme Court of Alabama · 1851
  3. Wilson v. KohlheimMississippi Supreme Court · 1872
  4. Jerome Matthews v. R&M General Contractors, Inc.; Hector Rosario; and Jacqueline MercedesSuperior Court of The Virgin Islands · 2020

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