Fisk v. Stubbs
Supreme Court of Alabama
Appeal from the Chancery Court at Montgomery. Hoard before the Hon. Wade Keyes. This bill was filed by Mrs. Mary Ann Fisk, suing by lier next friend, against her husband, Jacob H. Fisk, Theodore Stubbs, and John Sietler.
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Appeal from the Chancery Court at Montgomery. Hoard before the Hon. Wade Keyes. This bill was filed by Mrs. Mary Ann Fisk, suing by lier next friend, against her husband, Jacob H. Fisk, Theodore Stubbs, and John Sietler. Its objects were, 1st, to reform, if necessary, a deed by which one Lazarus Lewis, who was an uncle of complainant’s, conveyed to her a tract of land near the city of Montgomery, so as to make it vest in her a separate estate ; 2d, to avoid and set aside as to the complainant, on the grounds of infancy, coverture, and duress from her husband, a deed by which she and her…
1Opinion of the CourtWalker, J.
Under the decision in the case of Horton v. Sledge, 29 Ala. 478, the deeds from Fisk to Lewis and from Lewis to the complainant will be classed with that kind of conveyance under which they may be operative. — Augustin v. Simmons, 3 Porter, 69. If those conveyances were voluntary, they would be void against existing creditors. If it be conceded that they would also be void as to subsequent purchasers without notice, it will not benefit the defendants, who cannot be regarded as purchasers without notice, because both deeds *338were duly recorded. Therefore, by the conveyance to Lewis, and by Lewis…
2Cases cited4 opinions
- Horton v. SledgeSupreme Court of Alabama · 1856
- Burt v. CassetySupreme Court of Alabama · 1848
- Andrews v. AndrewsSupreme Court of Alabama · 1856
- Simmons v. AugustinSupreme Court of Alabama · 1836
3Cited by5 opinions
- Boaz v. BoazSupreme Court of Alabama · 1860
- Weiner v. SterlingSupreme Court of Alabama · 1878
- Miller v. Voss, Taylor & Co.Supreme Court of Alabama · 1878
- Bowen v. BlountSupreme Court of Alabama · 1872
- Finnegan v. FinneganCourt of Appeals of Tennessee · 1877