Pope v. Wilson
Supreme Court of Alabama
Error to Hie Circuit Court of Lowndes. The bill was filed by the plaintiff in error, Wilson, as trustee in a deed made by William J. Alexander, to secure the payment of a debt to John Irwin.
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Error to Hie Circuit Court of Lowndes. The bill was filed by the plaintiff in error, Wilson, as trustee in a deed made by William J. Alexander, to secure the payment of a debt to John Irwin. Pope and Son, having obtained judgment against Alexander, and levied their execution on a portion of the slaves conveyed by the deed, and Desha, Sheppard & Co. having also attached certain of the slaves, for a debt due them from Alexander, the complainant filed his bill for an injunction. The deed, which is made an exhibit to the bill, was executed on the 4th February, 1841, by which Alexander' conveys to…
1Opinion of the CourtOrmond, J.
This cause was argued at the last term, and held under advisement. No opinion was delivered at this term, because we considered the case to be covered by the decision pronounced at the present term, in the case of Elmes v. Sutherland.
The argument at the present term, has been made both upon the deed itself, and as considered in connection with the testimony.
In the case of Elmes v. Sutherland, it was held, that á trust deed made by a debtor to secure the payment of a debt, and postponing the payment of the debt to a period subsequent to the time when it fell due, reserving to the grantor the…
2Cases cited3 opinions
- Gazzam v. PoyntzSupreme Court of Alabama · 1842
- Ashurst v. MartinSupreme Court of Alabama · 1839
- Wiswall v. TicknorSupreme Court of Alabama · 1844
3Cited by11 opinions
- Sims v. GainesSupreme Court of Alabama · 1879
- Birmingham Trust & Savings Co. v. SheltonSupreme Court of Alabama · 1935
- Reynolds v. WelchSupreme Court of Alabama · 1872
- McDowell v. SteeleSupreme Court of Alabama · 1888
- Criss v. CrissWest Virginia Supreme Court · 1909
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