Chapman v. Hughes
Supreme Court of Alabama
Writ of Error to the Chancery Court of Shelby. Before the Hon. W. W. Mason. The plaintiffs in error file their bill, alledging that John Edis Hughes, departed this life intestate, and that Simon Chapman took out letters of administration on his estate, which were granted by the orphans’ court of Shelby. That the estate was reported insolvent, but the administrator has paid all the debts, and having come to a final settlement he was discharged from the administration.
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Writ of Error to the Chancery Court of Shelby. Before the Hon. W. W. Mason. The plaintiffs in error file their bill, alledging that John Edis Hughes, departed this life intestate, and that Simon Chapman took out letters of administration on his estate, which were granted by the orphans’ court of Shelby. That the estate was reported insolvent, but the administrator has paid all the debts, and having come to a final settlement he was discharged from the administration. That John Edis Hughes being a young man, and desirous of travelling, executed to the defendant, Abner A. Hughes, a bill of sale…
1Opinion of the CourtDargan, J.
It is a well settled rule of law, that a conveyance of property, whether real or personal, absolute on its face, may be shown to be a mortgage. See 5 Paige, 9 ; 6 Johns. Ch. 416; 2 J. J. Marsh. 471; English v. Lane, 1 Porter’s Rep. 328.
If an absolute conveyance is executed, upon the promise of the grantee to hold the property upon trusts, or conditions which are not reduced to writing, they may be established by parol proof, if the grantee afterwards assert an absolute estate for his own use. See Kenedy’s Ex’rs v. The Heirs of Kenedy, 2 Ala. Rep. 589 ; 6 Paige, 355.
The ground on which equity…
2Cases cited4 opinions
- Kennedy's Heirs v. Kennedy's HeirsSupreme Court of Alabama · 1841
- Brown v. LynchNew York Court of Chancery · 1828
- Sweet v. JacocksNew York Court of Chancery · 1837
- Tiernan v. WilsonNew York Court of Chancery · 1822
3Cited by9 opinions
- Bank of New Brockton v. DunnavantSupreme Court of Alabama · 1920
- West v. HendrixSupreme Court of Alabama · 1856
- Corley v. VizardSupreme Court of Alabama · 1919
- Knaus v. DreherSupreme Court of Alabama · 1887
- Brantley v. WestSupreme Court of Alabama · 1855
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