Gunn v. Harrison
Supreme Court of Alabama
Error to the Chancery Court of Barbour. The bill was filed by the plaintiff in error, and charges the purchase by the complainant, of certain, lands, and slaves of one Betts, and that he agreed in part consideration thereof, to pay one thousand dollars, towards satisfying a judgment then, subsisting against the vendor, and a debt due by him to the Bank at Montgomery — that he received a deed for the land and slaves so purchased, and went into possession thereof— that two…
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Error to the Chancery Court of Barbour. The bill was filed by the plaintiff in error, and charges the purchase by the complainant, of certain, lands, and slaves of one Betts, and that he agreed in part consideration thereof, to pay one thousand dollars, towards satisfying a judgment then, subsisting against the vendor, and a debt due by him to the Bank at Montgomery — that he received a deed for the land and slaves so purchased, and went into possession thereof— that two other creditors of Betts have since obtained judgment against him, and one other has commenced a suit by attachment against…
1Opinion of the CourtOrmond, J.
— We do not think this bill is obnoxious to the objection, that the contract appears on its faee, to have been made to defraud creditors. The Chancellor seems to have supposed, that because the consideration appeared to be grossly inadequate, and the contract was made on the eve of judgment’s being obtained, and whilst some were in force, and unsatisfied, the contract was therefore fraudulent as- against creditors. The answer to this, is, that the entire contract is not set out, either in the bill, or in the deed of conveyance appended as an exhibit, nor does the bill afford any means of…
2Cases cited1 opinion
- Morgan v. MorganSupreme Court of Alabama · 1831
3Cited by5 opinions
- Rea v. Longstreet & SedgwickSupreme Court of Alabama · 1875
- Smith's v. CockrellSupreme Court of Alabama · 1880
- Moses v. Mayor of MobileSupreme Court of Alabama · 1875
- Troy Fertilizer Co. v. PrestwoodSupreme Court of Alabama · 1896
- Johnson v. MessickSupreme Court of Delaware · 1919