Lockhart v. Wyatt
Supreme Court of Alabama
Error to the Circuit Court of Perry. Claim interposed by Lockhart to certain slaves levied on as the property of one Hopkins, on the 7th of January, 1843, at the suit of Wyatt. At the trial, the claimant made title to the slaves in controversy, under a deed executed by Hopkins on the 1st November, 1841, conveying the said slaves, with other personal and real estate to him upon trust.
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Error to the Circuit Court of Perry. Claim interposed by Lockhart to certain slaves levied on as the property of one Hopkins, on the 7th of January, 1843, at the suit of Wyatt. At the trial, the claimant made title to the slaves in controversy, under a deed executed by Hopkins on the 1st November, 1841, conveying the said slaves, with other personal and real estate to him upon trust. The terms of this deed, and the trusts created by it, are set out in the report of Graham v. Lockhart, 8 Ala. R. 9, and therefore are not recited here. The claimant then proved the assent of Henry C. Lea, one of…
1Opinion of the CourtGoldthwaxte, J.
1. The only distinction between the deed oí trust, under which the claimant in this case made title, and that passed on in Elmes v. Sutherland, 7 Ala. Rep. 262, is, that there, all the beneficiaries were named as third parties, but in this, a portion are included under the description of other persons. This can make no difference in the principle which governs mandates of this description. The proposition of the debtor is, that if the creditors designated will agree to wait a determinate period for payment, and in the mean time allow him to use the property provided for eventual security,…
2Cases cited2 opinions
- Elmes v. SutherlandSupreme Court of Alabama · 1845
- Kemp v. PorterSupreme Court of Alabama · 1844
3Cited by11 opinions
- Nelson & Hatch v. DunnSupreme Court of Alabama · 1849
- National Bread Co. v. BirdSupreme Court of Alabama · 1933
- Nolan v. JacksonIllinois Supreme Court · 1855
- Bauman v. JaffrayCourt of Appeals of Texas · 1894
- Townsend & Bros. v. HarwellSupreme Court of Alabama · 1850
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