Humphres v. Terrell
Supreme Court of Alabama
Writ of error to the Court of Chancery, for the fifth District o-f the Northern Division. THE bill was filed on the 7th day of September, 1837, and charges in substance, as follows: The complainant, in the year —■—, was pressed with an execution, and being unable to raise the money, he proposed to the defendant to attend the sale of two slaves, which had been levied on, as the properly of the complainant to satisfy the execution, to purchase them on his aeeount, and to…
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Writ of error to the Court of Chancery, for the fifth District o-f the Northern Division. THE bill was filed on the 7th day of September, 1837, and charges in substance, as follows: The complainant, in the year —■—, was pressed with an execution, and being unable to raise the money, he proposed to the defendant to attend the sale of two slaves, which had been levied on, as the properly of the complainant to satisfy the execution, to purchase them on his aeeount, and to permit him afterwards to redeem them. As a compensation for the interest on the money to be advanced, the complainant was to…
1Opinion of the CourtGoldthwaite, J.
— The complainant seeks to avoid the plea of the statute of limitations, on the ground that the defendant is a mere trustee, and as such, unaffected by the lapse of time. The only cases which are not barred by lapse of time, are those which arise out of trusts, which are peculiarly and exclusively the creatures of a court of equity. [Maury’s administrators v. *653Mason’s administrators, 8 Porter 211.] The condition of the complainant here arises out of his contract; equity interposes, it is true, for his relief in one aspect of the case and declares that he shall not be affected by the forfeiture…
2Cases cited1 opinion
- Maury's Adm'r v. Mason's Adm'rSupreme Court of Alabama · 1838
3Cited by10 opinions
- Boyd v. BeckSupreme Court of Alabama · 1857
- Gilmer v. MorrisSupreme Court of Alabama · 1885
- Sims v. CanfieldSupreme Court of Alabama · 1841
- Tillotson v. Doe ex dem. KennedySupreme Court of Alabama · 1843
- Love v. ButlerSupreme Court of Alabama · 1900
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