Gilliland v. Fenn
Supreme Court of Alabama
Appeal from the Circuit Court of Etowah. Tried before the Hon. John B. Tally. This action was brought by Mrs. Melissa Fenn and others, children and heirs at law of John IT. Sheppard, deceased, against J. E. Gilliland and others, and was commenced on the 28th February, 1887. The tract of land sued for, which contained several hundred acres, once belonged to A. W. Sheppard, and was conveyed by him, by deed dated May 15th, 1867, and duly recorded, to said John IT.
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Appeal from the Circuit Court of Etowah. Tried before the Hon. John B. Tally. This action was brought by Mrs. Melissa Fenn and others, children and heirs at law of John IT. Sheppard, deceased, against J. E. Gilliland and others, and was commenced on the 28th February, 1887. The tract of land sued for, which contained several hundred acres, once belonged to A. W. Sheppard, and was conveyed by him, by deed dated May 15th, 1867, and duly recorded, to said John IT. Sheppard, who was his son. The deed recited a consideration of $3,000 paid, but it was in fact voluntary, and the evidence showed…
1Opinion of the CourtSomenville, J.
The main point of contention in this case involves an inquiry into the relative priority of the conflicting claims of title in ejectment — that of the plaintiff being derived by immediate inheritance from an alleged fraudulent donee, and that of the defendants under a conveyance for valuable consideration from the alleged fraudulent donor.
The salient facts as to the conveyance are these: The grantor, A. W. Sheppard, being largely indebted, conveyed to his son, John H. Sheppard, substantially his entire property, consisting of a farm, except one tract of about forty acres upon which his…
2Cases cited22 opinions
- Cathcart v. RobinsonSupreme Court of the United States · 1831
- Coffey v. Norwood & NorwoodSupreme Court of Alabama · 1886
- Moseley v. . MoseleyNew York Court of Appeals · 1857
- Hood v. FahnestockSupreme Court of Pennsylvania · 1839
- Elliott v. HornSupreme Court of Alabama · 1846
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3Cited by14 opinions
- Rowe v. Bonneau-Jeter Hardware Co.Supreme Court of Alabama · 1943
- Wiggins Estate Co. v. JefferySupreme Court of Alabama · 1944
- Lehman v. GunnSupreme Court of Alabama · 1908
- McCurdy v. KenonSupreme Court of Alabama · 1912
- Clear Creek, Inc. v. Royal American Corp. (In Re International Resorts, Inc.)District Court, N.D. Alabama · 1984
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