Henderson v. Mabry
Supreme Court of Alabama
Error to the Circuit Court of Dallas. Before the Hon. E. Pickens. The facts of the case sufficiently appear from the opinion (of the court. The sale in this case has all the usual badges of a legal fraud. 1. A debtor in failing circumstances conveys all his property to his relation for a consideration to be paid ; and after the sale, which is absolute-on its face, retains the possession.
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Error to the Circuit Court of Dallas. Before the Hon. E. Pickens. The facts of the case sufficiently appear from the opinion (of the court. The sale in this case has all the usual badges of a legal fraud. 1. A debtor in failing circumstances conveys all his property to his relation for a consideration to be paid ; and after the sale, which is absolute-on its face, retains the possession. And the fact that specie was demanded on an execution, is a prominent inducement to the sale. The sale also was secret. Hobbs v. Bibb, 2 Stew. 54; Ayres v. Moore, Id. 336; Borland v. Walker, 7 Ala. R. 277; P.…
1Opinion of the CourtChilton, J.
In this case, there is no controversy as to the facts. But one witness, so far as we are advised by the bill of exceptions, was examined, and he, being the defendant in the attachment, and rendered incompetent to testify under the statute of this State, was permitted to give evidence by the consent of the respective parties. The charge of the court, which was excepted to, was, that the possession of the property in controversy, by the vendor after an absolute sale, was fraudulent as to creditors, but that the special circumstances in evidence before the jury, if true, were sufficient to rebut…
2Cases cited4 opinions
- Planters' & Merchants' Bank of Mobile v. BorlandSupreme Court of Alabama · 1843
- Ravisies v. AlstonSupreme Court of Alabama · 1843
- Blocker v. BurnessSupreme Court of Alabama · 1841
- Boyd v. McIvorSupreme Court of Alabama · 1847
3Cited by13 opinions
- Carter v. ChambersSupreme Court of Alabama · 1885
- Kirkland v. OatesSupreme Court of Alabama · 1854
- Hibler v. McCartneySupreme Court of Alabama · 1858
- Bailey v. LittenSupreme Court of Alabama · 1875
- Crutcher v. Memphis & Charleston RailroadSupreme Court of Alabama · 1863
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