Hawkins v. May
Supreme Court of Alabama
Error to the Circuit Court of Sumter. Tbial of the right of property, in which the plaintiff in error was claimant. The plaintiff levied an execution on certain slaves in the possession of Mahala May, the defendant in execution, and on the trial gave in evidence the will of James B. May, dated 22d September, 1838, as follows: “ It is my wish and desire, that all my just debts be paid. ' It is my wish that my property should be kept together on my plantation, under the…
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Error to the Circuit Court of Sumter. Tbial of the right of property, in which the plaintiff in error was claimant. The plaintiff levied an execution on certain slaves in the possession of Mahala May, the defendant in execution, and on the trial gave in evidence the will of James B. May, dated 22d September, 1838, as follows: “ It is my wish and desire, that all my just debts be paid. ' It is my wish that my property should be kept together on my plantation, under the superintendance of an overseer. It is my wish, that my wife, Mahala May, should have the use of the proceeds ■of my property,…
1Opinion of the CourtOrmond, J.
The case of Perkins and Elliott v. Mayfield, 5 Porter, 191, is a conclusive authority, that a deed made bona fide, in trust to secure a contingent liability, will be upheld against a creditor of the grantor, and that whilst the liability is continuing, and undetermined, the property conveyed in trust, cannot be sold for the debts of the grant- or. This case is precisely similar. The deed here is to indemnify the claimant, and his co-surety against loss, as the sureties of the defendant in execution, upon her official bond as executrix, and the case cited is fully in point, it having-been…
2Cases cited1 opinion
- Perkins v. MayfieldSupreme Court of Alabama · 1837
3Cited by4 opinions
- Parsons v. BoydSupreme Court of Alabama · 1852
- Coker v. ShropshireSupreme Court of Alabama · 1877
- Gassenheimer v. MoltonSupreme Court of Alabama · 1886
- Hopkins v. ScottSupreme Court of Alabama · 1852