Miller v. Thompson
Supreme Court of Alabama
QUESTIONS IN THIS CASE. Upon the validity of a voluntary conveyance, to children, from, a father. As to the effect of a child's marriage, upon such conveyance. In these several cases, trials of the right of property taken upon execution, were had, in the Circuit Court of Autauga, on claims instituted by the plaintiffs in error. In the execution, Thompson was plaintiff, Henry Miller and Charles P. W. Miller defendants.
Read the full summary
QUESTIONS IN THIS CASE. Upon the validity of a voluntary conveyance, to children, from, a father. As to the effect of a child's marriage, upon such conveyance. In these several cases, trials of the right of property taken upon execution, were had, in the Circuit Court of Autauga, on claims instituted by the plaintiffs in error. In the execution, Thompson was plaintiff, Henry Miller and Charles P. W. Miller defendants. The property in question consisted of slaves, one to each of the claimants. The facts essential to a history of the case, were presented by a bill of exceptions, and were the…
1Opinion of the CourtSaffold, C. J.
I will first examine the subject, in reference to the cases, in which the Millers are the claimants, and the other so far, only, as the same principles are equally applicable to it — leaving out of view, for the present, the effect of the mariage, on the latter.
The inquiry is presented, whether it is competent for a father, who is a debtor at the time, to make a, voluntary conveyance of a portion of his property to a child, or children, so as to vest in them a valid title against the claim of his pre-existing creditors; though he retain at the time sufficient other property to pay his debts;…
2Cases cited3 opinions
- Cato v. EasleySupreme Court of Alabama · 1829
- Hobbs v. BibbSupreme Court of Alabama · 1829
- Lucas v. AtwoodSupreme Court of Alabama · 1830
3Cited by16 opinions
- Horn v. Volcano Water Co.California Supreme Court · 1859
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- London v. G. L. Anderson Brass WorksSupreme Court of Alabama · 1916
- Bibb v. FreemanSupreme Court of Alabama · 1877
- McCrory v. DonaldSupreme Court of Alabama · 1915
11 more not listed; retrieve them via the Exa API.