Stapler v. Hurt's Executors
Supreme Court of Alabama
Error to the Chancery Court of Russell. Before the Hon. W. W. Mason, chancellor. Tiie bill in this case was filed by the testator of the defendants in error, and alleges that he recovered a judgment at the fall term 1841 of the Circuit Court of Russell against William D. Hargrove, one of the plaintiffs in error, on which execution had issued, and been returned no property; that Har-grove, about the time the judgment was rendered, conveyed certain slaves, viz.
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Error to the Chancery Court of Russell. Before the Hon. W. W. Mason, chancellor. Tiie bill in this case was filed by the testator of the defendants in error, and alleges that he recovered a judgment at the fall term 1841 of the Circuit Court of Russell against William D. Hargrove, one of the plaintiffs in error, on which execution had issued, and been returned no property; that Har-grove, about the time the judgment was rendered, conveyed certain slaves, viz. March, William, Monday, Robin, George, and Gilbert, to William L. Stapler, without consideration and for: the purpose-of defrauding his…
1Opinion of the CourtDargan, C. J.
The plaintiffs in error contend that the bill is without equity, that the evidence is- insufficient to warrant the decree, and that the directions to the register are erroneous.
*804We think the equity of the bill cannot be questioned. It charges a fraudulent transfer of the slaves by Hargrove to Stapler, who, it is alleged, has removed them from the State, so that they cannot be subjected to the payment of the judgment by execution at law. It is unnecessary to quote authorities to show that a court of equity, when it has jurisdiction over the persons, will never permit a fraud to defeat a…
2Cited by3 opinions
- Leon C. Roe, J. B. Johnson, E. A. Dillard, Gwyn Crouse and Irby Jackson v. Baggett Transportation Company, Inc.Court of Appeals for the Fifth Circuit · 1963
- Freeman v. FreemanSupreme Court of Georgia · 1915
- Kitchell v. JacksonSupreme Court of Alabama · 1882