Kitchell v. Jackson
Supreme Court of Alabama
Appeal from Marengo Chancery Court. Heard before Hon. Thomas Cobbs. This cause was before this court at the December Term, 1879,. and is reported under the title of Thames <& Qo. v. JSembert’s Adm’r.
Read the full summary
Appeal from Marengo Chancery Court. Heard before Hon. Thomas Cobbs. This cause was before this court at the December Term, 1879,. and is reported under the title of Thames <& Qo. v. JSembert’s Adm’r. See 63 Ala. 561. The proceedings were commenced on 16th May, 1872, by bill filed by Frank N. Kitehell, as the administrator de bonis non of the estate of James M. Kembert, deceased, a judgment creditor of D. Brooks Jackson, against said Jackson and Lucius Kelly, to have set aside, as fraudulent and void, a deed executed by Jackson on 8th March, 1869, conveying to Kelly real and personal property.…
1Opinion of the CourtSomerville, J.
The question presented is, whether the gra/ntee in a fraudulent eonveycmce is cha/rgedble with the rents *561of the real estate, which has been conveyed to him, the conveyance under which he holds having been declared void for actual fraud, on bill filed by creditors of the grantor. Where the grantee holds under a secret trust for the benefit of the grantor, it is every where conceded that he would be chargeable. A distinction was made, however, in Marshall v. Croom, 60 Ala. 121, exempting from the operation of this principle the case of a mere fraudulent vendee, who holds under a conveyance,…
2Cases cited9 opinions
- Sands v. CodwiseCourt for the Trial of Impeachments and Correction of Errors · 1808
- Bean v. SmithU.S. Circuit Court for the District of Rhode Island · 1821
- Pharis v. LeachmanSupreme Court of Alabama · 1852
- Robinson v. . StewartNew York Court of Appeals · 1854
- Marshall v. CroomSupreme Court of Alabama · 1877
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Patterson v. SimsCourt of Appeals for the Fifth Circuit · 1960
- Winkles v. PowellSupreme Court of Alabama · 1911
- Manning v. CarterSupreme Court of Alabama · 1917
- First Nat. Bank v. BurnettSupreme Court of Alabama · 1925
- Connor v. ArmstrongSupreme Court of Alabama · 1890
5 more not listed; retrieve them via the Exa API.