McGuire v. Miller
Supreme Court of Alabama
Error to the Circuit Court of Tuscaloosa. Before the Hon. T. A. Walker. This was an action of detinue, brought by the plaintiff’s intestate, and renewed after his death, in the name of the plaintiff in error.
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Error to the Circuit Court of Tuscaloosa. Before the Hon. T. A. Walker. This was an action of detinue, brought by the plaintiff’s intestate, and renewed after his death, in the name of the plaintiff in error. On the trial, a bill of exceptions was taken to the ruling of the circuit judge, which shows that the plaintiff, to show title on his- part, introduced and read, a deed of trust executed by Peter Donaldson, of the first part, and Drish and Hodges, of the second part, 'by which deed, the slave in controversy, with other property, was conveyed to Drish and Hodges, and by the terms of the…
1Opinion of the CourtDargan, J.
It is contended, that although the deed-may have been fraudulent in its inception, and intended to delay, and hinder the creditors of the 'grantor, yet it was valid as against him, and his administrator; and being valid as against the grantor, and his administrator, it must also be valid against a purchaser at the administrator’s sale.
It is very certain, that a recovery could not be resisted, on the ground of the fraudulent intent with which the deed was executed, if the suit was brought by-the grantee, against the fraudulent grantor, or his administrator; for the statute which declares the…
2Cases cited1 opinion
- Eddins v. WilsonSupreme Court of Alabama · 1840
3Cited by3 opinions
- Crawford v. KirkseySupreme Court of Alabama · 1876
- Dent v. PortwoodSupreme Court of Alabama · 1850
- Prestidge v. CooperMississippi Supreme Court · 1876