Legal Opinion

Lockard v. Nash

Supreme Court of Alabama

Decided December 15, 1879PublishedCited by 15 opinions

Appeal from the Chancery Court of Sumter. Heard before the Hon. A. W.' Dillabd. The original bill in this case was filed on the 17th May, 1875, by P. G. Nash, as the administrator of T. J. McCorkle, deceased, Martha E. Brown, as the administratrix of John G. Brown, deceased, and the Raymond Manufacturing Company, a corporation chartered under the laws of New York, all claiming to be creditors of William Lockard, deceased; against Pembroke S. Lockard and others, children of…

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Appeal from the Chancery Court of Sumter. Heard before the Hon. A. W.' Dillabd. The original bill in this case was filed on the 17th May, 1875, by P. G. Nash, as the administrator of T. J. McCorkle, deceased, Martha E. Brown, as the administratrix of John G. Brown, deceased, and the Raymond Manufacturing Company, a corporation chartered under the laws of New York, all claiming to be creditors of William Lockard, deceased; against Pembroke S. Lockard and others, children of said William Lockard. Its object and purpose was to set aside, as constructively fraudulent, several voluntary…

1Opinion of the CourtBrickell, C. J.

The correctness of the decree, so far as it affects the appellant personally, is the only question now presented; the other parties bound and charged by it not having joined in the appeal, or in the assignment of errors. Conceding that the gift of the cotton to appellant, by his father, in 1865, could not have been supported as against the creditors of the donor, and that the appellant could have been compelled to account to them for its value, or for the money into which he converted it by sale, actual fraud, and no intent to hinder or delay subsequent creditors, being either averred or…

2Cases cited5 opinions

  1. Snodgrass v. Branch Bank at DecaturSupreme Court of Alabama · 1854
  2. Haley v. ClarkSupreme Court of Alabama · 1855
  3. Huggins v. PerrineSupreme Court of Alabama · 1857
  4. Martin v. Branch Bank at DecaturSupreme Court of Alabama · 1857
  5. Miller v. ThompsonSupreme Court of Alabama · 1836

3Cited by15 opinions

  1. Washington v. NorwoodSupreme Court of Alabama · 1900
  2. Brasie v. Minneapolis Brewing Co.Supreme Court of Minnesota · 1902
  3. American Nat. Bank & Trust Co. v. PowellSupreme Court of Alabama · 1937
  4. First Nat. Bank of Birmingham v. LoveSupreme Court of Alabama · 1936
  5. Duncan v. WatsonSupreme Court of Alabama · 1916

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