Townsend & Bros. v. Harwell
Supreme Court of Alabama
Error, to the Circuit Court of Montgomery. Tried before the Hon. Thomas A. Walker. The defendant in error was summoned to show cause why an alleged transfer of a note made by the garnishees, McLeod &Leaird, to James Davidson, for $J,240 23, due January 1st, 1850, should not be declared invalid and said demand subjected in the hands of the garnishees to the payment of the plaintiff’s claim against Davidson.
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Error, to the Circuit Court of Montgomery. Tried before the Hon. Thomas A. Walker. The defendant in error was summoned to show cause why an alleged transfer of a note made by the garnishees, McLeod &Leaird, to James Davidson, for $J,240 23, due January 1st, 1850, should not be declared invalid and said demand subjected in the hands of the garnishees to the payment of the plaintiff’s claim against Davidson. He appeared and contested with the plaintiffs their right and interposed an absolute deed of trust, executed to him, as trustee, by Davidson, on the 17th Jan. 1849, for the benefit of all…
1Opinion of the CourtChilton, J.
Our opinion must be predicated upon the special verdict of the jury, as set forth in the record, for if they have found the facts wrong, an application should have been made to the primary court to set aside their verdiet. Thus considered, the record presents the sole question, whether the deed of assignment made by a debtor in insolvent circumstances to an honest but insolvent trustee, by which such debtor devotes his property absolutely to the payment of his debts, but which was intended by him to delay, hinder and defraud his creditors, can be upheld as against the plaintiff in attachment,…
2Cases cited7 opinions
- Marbury v. BrooksSupreme Court of the United States · 1822
- Allen v. Montgomery Rail RoadSupreme Court of Alabama · 1847
- Governor v. CampbellSupreme Court of Alabama · 1850
- Stover v. HerringtonSupreme Court of Alabama · 1844
- Dubose v. DuboseSupreme Court of Alabama · 1845
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Baldwin v. Peet, Sims & Co.Texas Supreme Court · 1859
- Tennessee & Coosa Railroad v. MooreSupreme Court of Alabama · 1860
- Coleman v. SmithSupreme Court of Alabama · 1876
- Sandmeyer v. Dakota Fire & Marine InsuranceSouth Dakota Supreme Court · 1891
- Green v. BanksTexas Supreme Court · 1859
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