Snodgrass v. Branch Bank at Decatur
Supreme Court of Alabama
ERROR to the Circuit Court of Jackson. Tried before the Hon. G-eo. D. Siiortridge. Trial op the right op property in certain slaves, which had been levied on under execution in favor of the Branch Bank at Decatur against Benjamin Snodgrass, and claimed by William Snodgrass, the plaintiff in error, who derived title under an absolute bill of sale from said Benjamin.
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ERROR to the Circuit Court of Jackson. Tried before the Hon. G-eo. D. Siiortridge. Trial op the right op property in certain slaves, which had been levied on under execution in favor of the Branch Bank at Decatur against Benjamin Snodgrass, and claimed by William Snodgrass, the plaintiff in error, who derived title under an absolute bill of sale from said Benjamin. The plaintiff’s judgment, on which the execution issued, was rendered in 1839 ; and the claimant’s bill of sale, which purported to be for valuable consideration, was dated May 31, 1838. The execution was levied on the slaves in…
1Opinion of the Court
GOLDTH WAITE, J. —
The main question in this case is as to the effect of the statute of limitations upon the possession of a vendee acquired and held under a conveyance to defraud creditors. In courts of equity, it is received as the settled doctrine, that fraud, if operating to conceal the facts upon which the rights of a party to maintain his suit depend, does affect the bar which would otherwise be created by the statute of limitations ; and in all cases where that court acts in obedience or analogy to the statute, if the complainant uses reasonable diligence to discover the fraud, and…
2Cases cited10 opinions
- Michoud v. GirodSupreme Court of the United States · 1846
- First Massachusetts Turnpike Corp. v. FieldMassachusetts Supreme Judicial Court · 1807
- Sherwood v. SuttonU.S. Circuit Court for the District of New Hampshire · 1828
- Troup v. Executors of SmithNew York Supreme Court · 1822
- Planters' & Merchants' Bank of Mobile v. BorlandSupreme Court of Alabama · 1843
5 more not listed; retrieve them via the Exa API.
3Cited by63 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Lightner Mining Co. v. LaneCalifornia Supreme Court · 1911
- Coghill v. KennedySupreme Court of Alabama · 1898
- Pickett v. PipkinSupreme Court of Alabama · 1879
- Bowlin Horn v. Citizens Hosp.Supreme Court of Alabama · 1982
58 more not listed; retrieve them via the Exa API.