Pearsall v. McCartney
Supreme Court of Alabama
Appeal from the Circuit Court of Morgan. Tried before the Hon. JOHN E. Moore. ' Edward Peaesall, the appellant, obtained a judgment against Alexander A. McCartney, at the September term, 1841, of the circuit court of Morgan, for $580 92 debt, and $85 80 damages, besides costs, on which hé caused an execution to be issued on the 14th June, 1850, and levied on certain lands, slaves, and other property belonging to said McCartney.
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Appeal from the Circuit Court of Morgan. Tried before the Hon. JOHN E. Moore. ' Edward Peaesall, the appellant, obtained a judgment against Alexander A. McCartney, at the September term, 1841, of the circuit court of Morgan, for $580 92 debt, and $85 80 damages, besides costs, on which hé caused an execution to be issued on the 14th June, 1850, and levied on certain lands, slaves, and other property belonging to said McCartney. The execution was duly returned by the sheriff, with his levy thereon endorsed ; and a writ of venditioni ex-ponas was thereupon issued. McCartney then filed his…
1Opinion of the CourtGolhthwaite, C. J.
We will first consider the action of the court below in sustaining the demurrer to the fourth specification, which alleges that McCartney, on the 6th of March, 1841, executed a deed of trust in fraud of the bankrupt law, for the benefit of certain creditors, conveying to them for their benefit his tavern house and lot, certain slaves, and all his property except an inconsiderable part thereof.
It is to be observed, that the single matter of fraud alleged in this plea is the act of the bankrupt in giving by deed, executed on the 6th March, 1841, a preference to' certain of his creditors. The…
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