May v. Barnard
Supreme Court of Alabama
Ebbor to tbe Chancery Court of Greene. Tried before tbe Hon. "W. W. Mason. Henry Barnard exhibited Ms bill against Jobn May and Joel Grizzle, in which be charges that at the November term of tbe County Court of Greene for tbe year 1840, be recovered a judgment against Grizzle for $450 71-100, and costs; that ji. fa. was issued on it, and returned no property found; that the judgment is yet unsatisfied; that at the commencement of the suit, and for some months afterwards,…
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Ebbor to tbe Chancery Court of Greene. Tried before tbe Hon. "W. W. Mason. Henry Barnard exhibited Ms bill against Jobn May and Joel Grizzle, in which be charges that at the November term of tbe County Court of Greene for tbe year 1840, be recovered a judgment against Grizzle for $450 71-100, and costs; that ji. fa. was issued on it, and returned no property found; that the judgment is yet unsatisfied; that at the commencement of the suit, and for some months afterwards, Grizzle owned a tract of land in Greene county, and a number of slaves, horses, mules, &c., a carriage and harness, wagons,…
1Opinion of the CourtLigon, J.
This bill is filed by a judgment creditor against bis debtor and one who, as be charges, fraudulently bolds property, on a secret trust in favor of tbe debtor.
1. It charges that tbe defendant, May, claims to bold under a deed from bis co-defendant to himself, dated 17th August, 1840, and that be derives bis title from tbis deed. Tbis charge is denied in express terms by May, and virtually by Grizzle. As these denials of tbe answers are responsive to tbe bill, and as there is no testimony to disprove them, they must be taken as evidence for tbe defendants, and as establishing tbe fact that tbe…
2Cases cited5 opinions
- Fenno v. SayreSupreme Court of Alabama · 1842
- Abney v. Kingsland & Co.Supreme Court of Alabama · 1846
- Branch of the Bank of Alabama v. MarshallSupreme Court of Alabama · 1842
- Powell v. PowellSupreme Court of Alabama · 1845
- The MaryU.S. Circuit Court for the District of Rhode Island · 1813
3Cited by4 opinions
- Cooke v. WilbanksSupreme Court of Alabama · 1931
- Gordon & Stokes v. BellSupreme Court of Alabama · 1874
- Routen v. BostwickSupreme Court of Alabama · 1877
- Graham v. WilliamsSupreme Court of Iowa · 1940