Cummings v. McCullough
Supreme Court of Alabama
Error to the Chancery Court at Tuskaloosa. This bill was filed by the defendant in error, to vacate, for fraud, a deed made by the defendant Cummings, to defendant Cooper, on the 19th January 1839; and also a deed made two days afterwards by the former to the latter, conveying all the property, real and personal, dioses in action, &c. of the grantor, in trust for the payment of the creditors of the assignor.
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Error to the Chancery Court at Tuskaloosa. This bill was filed by the defendant in error, to vacate, for fraud, a deed made by the defendant Cummings, to defendant Cooper, on the 19th January 1839; and also a deed made two days afterwards by the former to the latter, conveying all the property, real and personal, dioses in action, &c. of the grantor, in trust for the payment of the creditors of the assignor. The bill charges that the complainants intestate died in 1837, possessed of considerable real and personal estate, leaving his widow and three heirs at law. That one McGuire, was…
1Opinion of the CourtOrmond, J.
The first question presented on the record» whether the act of 11th January, 1828, Aik. Di. 208, by which deeds and conveyances of real and personal propertyin trust,are declared void against creditors and subsequent purchasers without notice, unless recorded within the time prescribed by the act, has not been changed and in effect repealed by subsequent enactments on the same subject, is one of great interest and of some difficulty.
To a proper understanding of it, it is necessary to take a brief view of the entire legislation on this subject.
In 1803 the statute of frauds was passed, by which…
2Cases cited7 opinions
- Halsey v. FairbanksU.S. Circuit Court for the District of Massachusetts · 1826
- Foster v. Trustees of the AthenæumSupreme Court of Alabama · 1842
- Hatch v. SmithMassachusetts Supreme Judicial Court · 1809
- Robinson v. RapelyeSupreme Court of Alabama · 1829
- Keyes v. BrushNew York Court of Chancery · 1830
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Crawford v. KirkseySupreme Court of Alabama · 1876
- Thames & Co. v. Rembert's Adm'rSupreme Court of Alabama · 1879
- Landford v. DunklinSupreme Court of Alabama · 1882
- Wood v. LakeSupreme Court of Alabama · 1878
- Nelms v. Steiner Bros.Supreme Court of Alabama · 1896
17 more not listed; retrieve them via the Exa API.