Ashurst v. Martin
Supreme Court of Alabama
Error to the Circuit court of Tuskaloosa. Trespass, to try title — tried before Chapman, J. The questions in this case,' arose upon a deed of assignment. On the trial below, the plaintiffs, to shew title to the lots sued for, produced and read to the jury, two judgments obtained in their favor, at the Spring term of said court, in eighteen hundred and thirty-two, against J. H. & A. H. Summerville.
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Error to the Circuit court of Tuskaloosa. Trespass, to try title — tried before Chapman, J. The questions in this case,' arose upon a deed of assignment. On the trial below, the plaintiffs, to shew title to the lots sued for, produced and read to the jury, two judgments obtained in their favor, at the Spring term of said court, in eighteen hundred and thirty-two, against J. H. & A. H. Summerville. They also read a deed from the sheriff of Tuskaloosa county, to said plaintiffs, for the lots sued for, which deed bore date on the second July, eighteen hundred and thirty-two, and shewed a sale by…
1Opinion of the CourtOrmond, J.
In the argument of this case, the follow-* ing points are' made by the learned counsel for the plain-*tiffs:
1. The assignment was fraudulent, and void, as tó the plaintiffs, because the legal effect of the assignment was to delay,- hinder and defraud creditors, of their just and lawful actions,- suits, debts, &c.
2. Because it makes the preference given to the creditors designated in schedule B, to depend upon the condition, that they shall, within one hundred and fifty d-ays from the' date of the assignment, execute the same, and wholly release and discharge the assignor.- ,
3. In! providing…
2Cited by15 opinions
- Planters' & Merchants' Bank of Mobile v. BorlandSupreme Court of Alabama · 1843
- Danner & Co. v. Brewer & Co.Supreme Court of Alabama · 1881
- Gazzam v. PoyntzSupreme Court of Alabama · 1842
- Abercrombie v. BradfordSupreme Court of Alabama · 1849
- Clayton v. JohnsonSupreme Court of Arkansas · 1880
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