Tarver v. Roffe
Supreme Court of Alabama
Writ of error to the Circuit Court of Franklin. Claim interposed under the statute, by Tarver, to certain slaves, levied on as the property of John M. Lewis, at the suit of Roife.
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Writ of error to the Circuit Court of Franklin. Claim interposed under the statute, by Tarver, to certain slaves, levied on as the property of John M. Lewis, at the suit of Roife. The claimant made title to the slaves in controversy, through, a deed of trust purporting to be tripartite, to wit — by John M. Lewis, of the first part; Tarver, the claimant, of the second part; and D. B. McClune, D. Carrol, A. S. Christian, C. T. Barton, B. Hudson, B. Harris, and B. Reynolds, of the third part. It recites, that Tarver, McClune, Carrol, Christian and Barton, are the sureties of Lewis, on tw.o…
1Opinion of the Court
GOLDTHWAITE, J
—The subject of voluntary conveyances by debtors, has been recently, so fully discussed, and so often examined, by this Court, that the case before us may be determined by a brief reference to principles, considered as already established.
The first inquiry here is, as to the object contemplated by the grantor, hU making this assignment. From the recitals of the deed, we ascertain, that the persons named as the third parties, as well as the trustee, are sureties for the grantor, either for debts due at the execution of the deed, or then running to maturity. The professed object…
2Cases cited2 opinions
- Williams v. JonesSupreme Court of Alabama · 1841
- Perkins v. MayfieldSupreme Court of Alabama · 1837
3Cited by4 opinions
- Nooe's v. Garner's Adm'rSupreme Court of Alabama · 1881
- Clark v. FewSupreme Court of Alabama · 1878
- Bank of Mobile v. DunnSupreme Court of Alabama · 1880
- Miller v. Stetson & Co.Supreme Court of Alabama · 1858