Grimshaw v. Walker
Supreme Court of Alabama
Error to the Chancery Court of Mobile. The plaintiffs in error filed their bill as judgment creditors of Robert L. Walker, to set aside a deed of assignment made by him, for the benefit of certain of his creditors.
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Error to the Chancery Court of Mobile. The plaintiffs in error filed their bill as judgment creditors of Robert L. Walker, to set aside a deed of assignment made by him, for the benefit of certain of his creditors. The deed conveys to trustees all the real and personal estate of the grantor in trust, that as soon as convenient, they would dispose of the lands, collect the debts, &c. and from the proceeds, first to pay certain debts due and owing from Walker for cotton balances, and borrowed money, as shown in a schedule marked C. Next, a debt due the estate of Alexander J. Jude — the surplus,…
1Opinion of the CourtOrmond, J.
The principal question to be determined, arises upon the last clause of the deed, which it is insisted created a resulting trust in favor of the grantor, and rendered the deed void.
The law of this court, on the subject of assignments by an insolvent, is thus stated in Ashurst v. Martin, 9 Porter, 566 : “ A debtor may convey his property in trust to pay one or more creditors in full, or to pay his creditors in unequal proportions, provided he relinquishes all control over it, and stipulates for no pecuniary interest to himself, but fairly, and bona fide, appropriates it to the payment of his…
2Cases cited8 opinions
- Hyslop & Cambpell v. ClarkeNew York Supreme Court · 1817
- Mackie v. CairnsCourt for the Trial of Impeachments and Correction of Errors · 1825
- Gazzam v. PoyntzSupreme Court of Alabama · 1842
- Seaving v. BrinkerhoffNew York Court of Chancery · 1821
- Ashurst v. MartinSupreme Court of Alabama · 1839
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Danner & Co. v. Brewer & Co.Supreme Court of Alabama · 1881
- Drath v. ArmstrongSupreme Court of Alabama · 1932
- Collier v. DavisSupreme Court of Arkansas · 1886
- Brown v. LyonSupreme Court of Alabama · 1850
- Hatton's Adm'rs v. JordanSupreme Court of Alabama · 1856
2 more not listed; retrieve them via the Exa API.