Summerlin v. Gibson
Supreme Court of Alabama
Error to the Chancery Court of the 19th District. Before the Hon. David G. L'igon, Chancellor. The bill in this case was filed by plaintiff, as administrator, &c., of one Robert S. Carson, against the defendants in error, to set aside a deed of gift, absolute on its face, for certain slaves, executed by said Carson, in his life-time, to said defendants, and for the delivery of said slaves to him to be administered, &c.
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Error to the Chancery Court of the 19th District. Before the Hon. David G. L'igon, Chancellor. The bill in this case was filed by plaintiff, as administrator, &c., of one Robert S. Carson, against the defendants in error, to set aside a deed of gift, absolute on its face, for certain slaves, executed by said Carson, in his life-time, to said defendants, and for the delivery of said slaves to him to be administered, &c. The facts, on which the relief is sought, the answers of defendants, and the testimony read on the hearing, are sufficiently set out in the opinion of the court. The chancellor…
1Opinion of the Court
CHILTON; J.
The law as applicable to this case, was settled by this court, in the case of Gibson et al. v. Carson, 3 Ala. Rep, 421. The bill in that case was filed by the grantor in the deed, to Mrs. Gibson and her children, to set it aside for fraud in obtaining it. The proof failed to make out the fraud complained of, but the court was of opinion that the facts and circumstances then in proof, showed a case of surprise, which would authorize the setting aside the deed. The bill however, not being adapted to the proof, was dismissed without prejudice.
After the death of Carson, and the…
2Cases cited3 opinions
- Banks' Adm'r. v. MarksberryCourt of Appeals of Kentucky · 1823
- Adams v. BroughtonSupreme Court of Alabama · 1848
- Wilks's Adm'r v. GreerSupreme Court of Alabama · 1848
3Cited by2 opinions
- Kinnebrew's Distributees v. Kinnebrew's AdministratorsSupreme Court of Alabama · 1860
- Connor v. Trawick's Adm'rSupreme Court of Alabama · 1861