Tompkins v. Nichols & Jamison
Supreme Court of Alabama
Appeal from Chancery Court of Sumter. Heard before Hon. A. W. Dillard. This was a bill in equity filed by Nichols & Jamison and others, who were judgment creditors of Mrs. Amelia Tompkins, in the aggregate sum of $774.34, to set aside and declare void, four conveyances of her real and personal property, made to her son-in-law, John Lawhorn, purporting to have been made for the aggregate consideration of $4,600.00 paid by him, on the ground that the conveyances were made with…
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Appeal from Chancery Court of Sumter. Heard before Hon. A. W. Dillard. This was a bill in equity filed by Nichols & Jamison and others, who were judgment creditors of Mrs. Amelia Tompkins, in the aggregate sum of $774.34, to set aside and declare void, four conveyances of her real and personal property, made to her son-in-law, John Lawhorn, purporting to have been made for the aggregate consideration of $4,600.00 paid by him, on the ground that the conveyances were made with the intent to hinder, delay and defraud creditors. The bill charges that before and at the time of the execution of…
1Opinion of the CourtBrickell, C. J.
1. In general the obligation of proving any fact, lies upon the party who substantially asserts the affirmative of the issue. 1 GreenFf. Ev. § 74.
2. Where the allegation, whether negative or affirmative in form, involves a charge of fraud, or other like violation of the law of God and man, the party making the allegation must prove it; for in every such case the presumption of law, which is always in favor of innocence, is in favor of the party charged. 1 GreenFf. Ev. § 80.
3. “A court of chancery will not impute fraud, when the facts and circumstances out of which it must arise may consist…
2Cases cited11 opinions
- Doe ex dem. McPherson v. WaltersSupreme Court of Alabama · 1849
- Anderson v. HooksSupreme Court of Alabama · 1846
- Steele v. KinkleSupreme Court of Alabama · 1842
- Stover v. HerringtonSupreme Court of Alabama · 1844
- Smith's Heirs v. Branch Bank at MobileSupreme Court of Alabama · 1852
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Wells v. American Mortgage Co. of Scotland, Ltd.Supreme Court of Alabama · 1895
- Adams v. ThorntonSupreme Court of Alabama · 1885
- Fluegel v. HenschelNorth Dakota Supreme Court · 1898
- H. B. Chaflin Co. v. Muscogee Manufacturing Co.Supreme Court of Alabama · 1899
- Krause v. KrauseNorth Dakota Supreme Court · 1915
4 more not listed; retrieve them via the Exa API.