Wiswall v. Ticknor
Supreme Court of Alabama
Appeal from the Chancery Court at Mobile. The bill was filed by the plaintiff in error, and charges, that he obtained a judgment against Ticknor in the circuit court of Mobile, for $2,233 17, that execution has issued thereon, and been returned, no property found.
Read the full summary
Appeal from the Chancery Court at Mobile. The bill was filed by the plaintiff in error, and charges, that he obtained a judgment against Ticknor in the circuit court of Mobile, for $2,233 17, that execution has issued thereon, and been returned, no property found. That Ticknor, about the 28th April, 1840, for the purpose of defrauding his creditors, executed to one Day, a conveyance or deed, of all his property, real and personal, a dwelling house, with his furniture, plate, and a storehouse and stock of groceries, carriage and horses, slaves, and interest in a steam-boat. That Ticknor was…
1Opinion of the CourtOrmond, J.
The counsel for the plaintiff in error, insists that the mortgage by which the property sought to be reached by this bill, is conveyed to the defendant Day, is fraudulent and void, as to creditors, upon its face.
The conveyance bears date 28th April, 1840, by which, for the consideration as expressed in the deed Ticknor conveys to Day certain real and. personal property, among the latter being a «stock of groceries, chandlery, goods, wares and merchandise,” upon condition that, whereas, the grantor was indebted to Day “in sundry large sums of money due on book account, and for goods, wares and…
2Cases cited6 opinions
- Gazzam v. PoyntzSupreme Court of Alabama · 1842
- Ravisies v. AlstonSupreme Court of Alabama · 1843
- Cummings v. McCulloughSupreme Court of Alabama · 1843
- De Forest v. BaconSupreme Court of Connecticut · 1818
- Magee v. CarpenterSupreme Court of Alabama · 1842
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Manchuria S. S. Co. v. Harry G. G. Donald & Co.Supreme Court of Alabama · 1917
- Perry Insurance & Trust Co. v. FosterSupreme Court of Alabama · 1877
- Tickner v. WiswallSupreme Court of Alabama · 1846
- Pope v. WilsonSupreme Court of Alabama · 1845