Doe ex dem. McGintry v. Reeves
Supreme Court of Alabama
Error to the Circuit Court of Russell. Ejectment by the plaintiffs, against the defendant in error, -for a tract of land in Russell county. From a bill of exceptions it appears, that the plaintiffs deduced their title from a deed of mortgage, executed to them by Jesse B. Reeves, dated the 1st January, 1842, to secure the payment of $281 87, due sixty days from the date of the mortgage.
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Error to the Circuit Court of Russell. Ejectment by the plaintiffs, against the defendant in error, -for a tract of land in Russell county. From a bill of exceptions it appears, that the plaintiffs deduced their title from a deed of mortgage, executed to them by Jesse B. Reeves, dated the 1st January, 1842, to secure the payment of $281 87, due sixty days from the date of the mortgage. This deed was acknowledged before a notary public on the day of its date, but was not recorded until the 10th July, 1842. No proof was made of the consideration of the debt secured by the mortgage, further than…
1Opinion of the CourtOrmond, J.
Although a conveyance of property, real or personal, is binding between the parties to it, it is fraudulent.and void as against the creditors of the grantor, unless it is made upon a valuable and adequate consideration. It has been repeatedly held by this court, that the grantor in such a case, must prove the consideration of his deed. The recital of the fact in the deed, is the mere declaration, or admission of the grantor, which is not evidence against his creditors,, because the question of fraud arises in all cases, where one indebted conveys away his property. [McCain v. Wood, 4 Ala.…
2Cases cited1 opinion
- McCain v. WoodSupreme Court of Alabama · 1842
3Cited by9 opinions
- Hubbard v. AllenSupreme Court of Alabama · 1877
- Rogers v. VerlanderWest Virginia Supreme Court · 1888
- Fitzpatrick v. BrigmanSupreme Court of Alabama · 1900
- Houston v. BlackmanSupreme Court of Alabama · 1880
- Nolen v. Heirs of GwynSupreme Court of Alabama · 1849
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