Jaffrey & Co. v. McGough
Supreme Court of Alabama
Appeal from the Chancery Court of Russell. Heard before the Hon. John A. Poster. The bijll in this case was filed on the 16th September, 1885, by E. S. Jaffrey & Co., judgment creditors of JohnMcGough, against him, his wife', and their children; and sought to set aside, on the ground of fraud, a conveyance of a large tract of land, executed by him to his wife and children, in consideration, as recited, of his indebtedness to each of them.
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Appeal from the Chancery Court of Russell. Heard before the Hon. John A. Poster. The bijll in this case was filed on the 16th September, 1885, by E. S. Jaffrey & Co., judgment creditors of JohnMcGough, against him, his wife', and their children; and sought to set aside, on the ground of fraud, a conveyance of a large tract of land, executed by him to his wife and children, in consideration, as recited, of his indebtedness to each of them. On final hearing, on pleadings and proof, the chancellor set aside the conveyance as to the interest conveyed to the wife, but refused to set it aside as to…
1Opinion of the CourtSomerville, J.
The only question raised for our consideration in this case, is the correctness of the chancellor’s decree in the allowance of the homestead, as selected by the appellees, in the arbitrary and irregular form in which the selection was made, as illustrated by the peculiar diagram accompanying the record. It is not denied that the appellee, as debtor, is entitled to a homestead of 160 acres, not to exceed a valuation of two thousand dollars. But it is contended that this selection can not be made on arbitrary principles, unrestrained by any limit of discretion except the mere-caprice of the…
2Cases cited7 opinions
- Houston & Great Northern R. R. v. WinterTexas Supreme Court · 1876
- Samuel B. v. StoneTexas Supreme Court · 1857
- Dicus v. Hall, Hooper & Co.Supreme Court of Alabama · 1887
- Kresin v. MauSupreme Court of Minnesota · 1870
- David's Adm'r v. DavidSupreme Court of Alabama · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Clements v. Crawford County BankSupreme Court of Arkansas · 1897
- Elliott v. BondSupreme Court of Oklahoma · 1918
- Turner v. TurnerSupreme Court of Alabama · 1894
- Fuller v. American Supply Co.Supreme Court of Alabama · 1914
- Garland v. BostickSupreme Court of Alabama · 1897
23 more not listed; retrieve them via the Exa API.