Bibb v. Freeman
Supreme Court of Alabama
Appeal from the Chancery Court of Talladega. Heard before the Hon. Neil S. Graham. On the 29th day of December, 1857, Fleming Freeman sold and executed to Joseph B. Bibb a deed of conveyance of twelve hundred and eighty-five acres of land situated in the county of Montgomery. The deed contained the usual covenants of warranty. The purchaser entered upon and' took possession of the premises, for which he paid nineteen thousand two hundred and seventy-five dollars.
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Appeal from the Chancery Court of Talladega. Heard before the Hon. Neil S. Graham. On the 29th day of December, 1857, Fleming Freeman sold and executed to Joseph B. Bibb a deed of conveyance of twelve hundred and eighty-five acres of land situated in the county of Montgomery. The deed contained the usual covenants of warranty. The purchaser entered upon and' took possession of the premises, for which he paid nineteen thousand two hundred and seventy-five dollars. About the 23d day of November, 1859, one Jesse Bozeman, as the guardian of Daniel Flinn (a minor), instituted a suit in tbe Circuit…
1Opinion of the Court
BRICKELL, C. J.—
The law in this State is settled, that as to existing creditors, a voluntary conveyance by a debtor is by presumption of law, absolutely void, though no fraudulent intent is imputable to donor or donee, and though the donor may have reserved from the conveyance property more than sufficient for the satisfaction of all debts and demands against him.—Miller v. Thompson, 3 Port. 196; Foote v. Cobb, 18 Ala. 585; Gunnard v. Eslava, 20 Ala. 732; Thomas v. De Graffenreid, 17 Ala. 602; Moore v. Spence, 6 Ala. 506; Stiles & Co. v. Lightfoot, 26 Ala. 443; Huggins v. Perrins, 30 Ala. 396.
2Cases cited9 opinions
- Thomas v. DegraffenreidSupreme Court of Alabama · 1850
- Gannard v. EslavaSupreme Court of Alabama · 1852
- Foote v. CobbSupreme Court of Alabama · 1851
- Stiles & Co. v. LightfootSupreme Court of Alabama · 1855
- Huggins v. PerrineSupreme Court of Alabama · 1857
4 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- London v. G. L. Anderson Brass WorksSupreme Court of Alabama · 1916
- Copeland v. McAdorySupreme Court of Alabama · 1892
- Keel v. LarkinSupreme Court of Alabama · 1882
- Washington v. NorwoodSupreme Court of Alabama · 1900
- Fellows v. LewisSupreme Court of Alabama · 1880
25 more not listed; retrieve them via the Exa API.