Swift v. Swift
Supreme Court of Alabama
Appeal from the Chancery Court of Dallas. Heard before the Hon. James B. Clark. The bill in this case was filed, on the 24th March, 1855, by Theodorick Swift, against his brother, Wiley P. Swift, and alleged, that the complainant, being largely indebted, and unable to meet his liabilities without a sale of his property, applied to his brother for pecuniary assistance; that the latter responded to his application, by letter dated the 10th January, 1850, (which was made an…
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Appeal from the Chancery Court of Dallas. Heard before the Hon. James B. Clark. The bill in this case was filed, on the 24th March, 1855, by Theodorick Swift, against his brother, Wiley P. Swift, and alleged, that the complainant, being largely indebted, and unable to meet his liabilities without a sale of his property, applied to his brother for pecuniary assistance; that the latter responded to his application, by letter dated the 10th January, 1850, (which was made an exhibit to the bill,) “proposing to aid him on condition that complainant would give him the control of his property”; that…
1Opinion of the CourtR. W. Walker, J.
1. Whether the instrument executed by the defendant on the 3d March, 1850, be considered by itself, or in connection with the absolute bill of sale executed by the complainant on the next day, it is not, either in form, or in legal effect, a mortgage, but shows a sale of the slaves by the complainant to the defendant, with the right secured to the former to repurchase all or any of them, within the period, and on the terms specified in the first named writing. But a contract, which is in form a conditional sale, will be treated as a mortgage, if it is shown by parol evidence that the object…
2Cases cited1 opinion
- McLeod v. PoweSupreme Court of Alabama · 1847
3Cited by15 opinions
- Douglass v. MoodySupreme Court of Alabama · 1885
- Knaus v. DreherSupreme Court of Alabama · 1887
- Cousins v. CrawfordSupreme Court of Alabama · 1953
- Haynie v. RobertsonSupreme Court of Alabama · 1877
- Reeves v. AbercrombieSupreme Court of Alabama · 1895
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