Legal Opinion

Perry Insurance & Trust Co. v. Foster

Supreme Court of Alabama

Decided December 15, 1877PublishedCited by 19 opinions

Appeal from Chancery Court of Perry. Heard before tbe Hon, Charles TueneR. On the 2d of August, 1869, the appellee, Bobert Foster, filed his bill in this cause, in the chancery court of Perry county, to have set aside a deed of trust executed by B. H. Lee, Jas. Lee,W. B. Brown, Jno, H. Lee, and tbe Perry Insurance and Trust Company, appellees.

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Appeal from Chancery Court of Perry. Heard before tbe Hon, Charles TueneR. On the 2d of August, 1869, the appellee, Bobert Foster, filed his bill in this cause, in the chancery court of Perry county, to have set aside a deed of trust executed by B. H. Lee, Jas. Lee,W. B. Brown, Jno, H. Lee, and tbe Perry Insurance and Trust Company, appellees. Tbe material facts of tbe case, about which there is little or no dispute, are these : On the 19th day of February, 1869, Biobard H. Lee and James Lee, were largely engaged in planting in Perry county, being tbe owners of three well stocked plantations.…

1Opinion of the Court

BRICKELL, 0. J.

The assignments of error present several questions, on which we do not deem it necessary to express an opinion, as they do not affect the conclusions we have reached, and it is not probable they will arise again under similar complications. If these are conceded to the appellee, his right to any relief depends on the one or the other of two propositions, neither of which, in our judgment, can be maintained. The first of these is, that the conveyance executed on the 19th of February, 1869, by J ames and Richard H. Lee, is fraudulent and void as against their creditors. The…

2Cases cited27 opinions

  1. Crawford v. KirkseySupreme Court of Alabama · 1876
  2. Harbeck v. . VanderbiltNew York Court of Appeals · 1859
  3. Frenkel v. HudsonSupreme Court of Alabama · 1886
  4. Holt & Chambers v. BancroftSupreme Court of Alabama · 1857
  5. Price v. Mazange & Co.Supreme Court of Alabama · 1858

22 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Manchuria S. S. Co. v. Harry G. G. Donald & Co.Supreme Court of Alabama · 1917
  2. Danner & Co. v. Brewer & Co.Supreme Court of Alabama · 1881
  3. Murray, Dibrell & Co. v. McNealy & CuretonSupreme Court of Alabama · 1888
  4. Loucheim & Co. v. First Nat. Bank of TalladegaSupreme Court of Alabama · 1893
  5. The Wells-Stone Mercantile Co. v. GroverNorth Dakota Supreme Court · 1898

14 more not listed; retrieve them via the Exa API.

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