Ravisies v. Alston
Supreme Court of Alabama
ERROR to the Circuit Court of Marengo. The plaintiff in error having obtained a judgment and execution against Samuel Pickering, ■which was levied on a negro, affidavit was made, and the property claimed by the defendant in error as trustee, and upon issue joined, the jury found for the claimant.
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ERROR to the Circuit Court of Marengo. The plaintiff in error having obtained a judgment and execution against Samuel Pickering, ■which was levied on a negro, affidavit was made, and the property claimed by the defendant in error as trustee, and upon issue joined, the jury found for the claimant. Pending the trial a bill of exceptions was taken, from which it appears that the claimant introduced a deed, dated 8th April, 1840, executed by the defendant in execution to the claimant, in trust, to secure certain debts therein mentioned, which was also executed by the trustee and the cestuis que…
1Opinion of the CourtOrmond, J.
The first question presented for our consideration is, whether the deed executed by the defendant in execution to the claimant, was properly admitted in evidence upon the certificate of its acknowledgment and probate, without calling the subscribing witnesses.
In Bradford v. Dawson & Campbell, [2 Ala. Rep. 203,] we held that the purpose of the act of 1828, requiring the registration of conveyances, made in trust to secui’e the payment of debts, was to give notice merely, and that when a deed so recorded was offered in evidence, it must-be proved as any other written instrument. It is true the…
2Cases cited2 opinions
- Bradford v. DawsonSupreme Court of Alabama · 1841
- Johnson v. CunninghamSupreme Court of Alabama · 1840
3Cited by23 opinions
- Montgomery v. CrossthwaitSupreme Court of Alabama · 1890
- Roper v. McCook & Robertson's Adm'rSupreme Court of Alabama · 1845
- Graham v. LockhartSupreme Court of Alabama · 1845
- DeWolf v. A. & W. Sprague Manufacturing Co.Supreme Court of Connecticut · 1881
- Perry Insurance & Trust Co. v. FosterSupreme Court of Alabama · 1877
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