Stokes v. Jones
Supreme Court of Alabama
Error to the Circuit Court of Greene. Tried before the Hon. Geo. D. Shortridge. Ejectment by the plaintiff against the defendant in error.
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Error to the Circuit Court of Greene. Tried before the Hon. Geo. D. Shortridge. Ejectment by the plaintiff against the defendant in error. By the bill of exceptions it appears, that the land in coiKroversy was purchased from the United States prior to 1829, by one MeCartie, and partially paid for, and that he afterwards sold his interest in it and iransfered the certificate of purchase to John Stokes, sen’r; that the said John Stokes, sen’r, on the 24th February 1829, conveyed said land by deed of gift to his children, of whom the plaintiff, then eleven years of age, was one, the deed…
1Opinion of the CourtParsons, J.
We do not deny the doctrine that a voluntary, or even a fraudulent deed in its creation, and voidable by a subsequent purchaser, may become good by matter ex post facto. But the deed now complained of as voluntary and fraudulent, is a deed from a father to his son, and the matter subsequent which is relied on to give it validity, is the marriage of the *736son, after the execution of the deed; and the controversy is between the son himself and a subsequent purchaser from the father. We think the son’s marriage can avail him nothing, whatever may be the rights of his wife, in the event she…
2Cases cited8 opinions
- Bridge v. EgglestonMassachusetts Supreme Judicial Court · 1817
- Bean v. SmithU.S. Circuit Court for the District of Rhode Island · 1821
- Anderson v. RobertsNew York Supreme Court · 1820
- Jackson ex dem. M'Crackin v. WrightNew York Supreme Court · 1817
- Violett v. ViolettCourt of Appeals of Kentucky · 1834
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Manchuria S. S. Co. v. Harry G. G. Donald & Co.Supreme Court of Alabama · 1917
- McCrory v. DonaldSupreme Court of Alabama · 1915
- Allen v. Caldwell, Ward & Co.Supreme Court of Alabama · 1906
- Gilliland v. FennSupreme Court of Alabama · 1890
- Pace v. WainwrightSupreme Court of Alabama · 1942
8 more not listed; retrieve them via the Exa API.