Graham v. Lockhart
Supreme Court of Alabama
Writ of Error to the Circuit Court of Perry. Claim interposed by Lockhart to certain property levied by virtue of a writ offi.fa. at the suit of Graham against A. B. W. Hopkins. The fi. fa. was issued the 6th of February, 1843. The claim bond was not executed by Lockhart, though his name is inserted in its caption as one of the obligors.
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Writ of Error to the Circuit Court of Perry. Claim interposed by Lockhart to certain property levied by virtue of a writ offi.fa. at the suit of Graham against A. B. W. Hopkins. The fi. fa. was issued the 6th of February, 1843. The claim bond was not executed by Lockhart, though his name is inserted in its caption as one of the obligors. At the trial the plaintiff moved the Court to dismiss the claim for this reason ; but the Court refused to do so, deciding, that as the claimant was a mere trustee his name as an obligor was unnecessary, if the bond, in other respects, was sufficient, and…
1Opinion of the CourtGoldthwaite, J.
1. The principal question here, which, somewhat out of its order’, we shall consider first, is that arising out of the refusal of the Court to instruct the jury, that the deed of trust, in evidence, is fraudulent and void, on account of the reservations for the grantor’s benefit, contained in it.
Since the cause was argued; two others, Elmesv. Sutherland and Pope v. Irvin, have been determined by us, in both of which the same general principles were involved, and m which we held, that deeds of trust, operative only as securities for the payment of money, were not fraudulent per se, on account…
2Cases cited12 opinions
- Hinde's Lessee v. LongworthSupreme Court of the United States · 1826
- Harvey v. AlexanderSupreme Court of Virginia · 1822
- Bradford v. DawsonSupreme Court of Alabama · 1841
- Ravisies v. AlstonSupreme Court of Alabama · 1843
- Stover v. HerringtonSupreme Court of Alabama · 1844
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3Cited by28 opinions
- Globe Iron Roofing & Corrugating Co. v. ThacherSupreme Court of Alabama · 1888
- Roberts v. TrawickSupreme Court of Alabama · 1848
- Loeb & Brother v. Flash Bros.Supreme Court of Alabama · 1880
- First National Bank v. Farmers & Merchants National BankIndiana Supreme Court · 1908
- Dixon v. BarclaySupreme Court of Alabama · 1853
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