Young v. Dumas
Supreme Court of Alabama
Appeal from the Chancery Court of Shelby. Heard before the Hon. James B. Clark. On the 26th February, 1857, Benjamin F. Dumas, being-in failing circumstances, sold and conveyed to John Horn, who was his father-in-law, several parcels of land in Shelby county, containing in all more than twelve hundred acres; and, at or about the same time, also sold to said Horn all of his personal property, except that which was exempt from levy and sale under legal process.
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Appeal from the Chancery Court of Shelby. Heard before the Hon. James B. Clark. On the 26th February, 1857, Benjamin F. Dumas, being-in failing circumstances, sold and conveyed to John Horn, who was his father-in-law, several parcels of land in Shelby county, containing in all more than twelve hundred acres; and, at or about the same time, also sold to said Horn all of his personal property, except that which was exempt from levy and sale under legal process. The consideration recited in the deed for the land was the sum of $8,588 23, in hand paid; and the deed was duly proved and recorded.…
1Opinion of the CourtStone, J.
The testimony in this record convinces us, that the three notes from Mr. Dumas to Mr. Horn were given to secure debts actually due and owing from the former to the latter. There is no averment, or proof, that the property was sold for an inadequate price. The rela*62tionship of Mr. Dumas to Mr. Horn, and tbe 'gift of tbe entire property by Mr. Horn to bis daughter, Mrs. Dumas, immediately after be bad purchased it from Mr. Dumas, while they should stimulate our scrutiny of tbe transaction, are not enough, of themselves, to mark the conveyance as fraudulent. Mr. Horn had the clear right to…
2Cases cited1 opinion
- Walthall's Ex'rs v. Rives, Battle & Co.Supreme Court of Alabama · 1859
3Cited by14 opinions
- Crawford v. KirkseySupreme Court of Alabama · 1876
- Lienkauf & Strauss v. MorrisSupreme Court of Alabama · 1880
- Shealy v. EdwardsSupreme Court of Alabama · 1883
- Seaman v. NolenSupreme Court of Alabama · 1880
- Barnard v. DavisSupreme Court of Alabama · 1875
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