Hamilton's Adm'r v. Blackwell
Supreme Court of Alabama
Appeal from the Chancery Court of Limestone. Heard before the Hon. It. S, Watkins. The bill in this case was filed on the 22d June, 1871, by Alexander Hamilton, against William H. Blackwell and Lucy S. Blackwell; and sought to set aside, as fraudulent in law, a deed by which said William H. Blackwell conveyed an undivided one-third interest in a tract of land, containing three hundred and twenty acres, to said Lucy S. Blackwell, who was his sister, and to subject said…
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Appeal from the Chancery Court of Limestone. Heard before the Hon. It. S, Watkins. The bill in this case was filed on the 22d June, 1871, by Alexander Hamilton, against William H. Blackwell and Lucy S. Blackwell; and sought to set aside, as fraudulent in law, a deed by which said William H. Blackwell conveyed an undivided one-third interest in a tract of land, containing three hundred and twenty acres, to said Lucy S. Blackwell, who was his sister, and to subject said interest in the land to the payment of a debt which William H. Blackwell owed to the complainant. The complainant’s debt was…
1Opinion of the CourtStone, J.
The record in this case shows that the debt, on which Alexander Hamilton recovered judgment against Wm. H. Blackwell, was contracted in 1862. The deed, under which Lucy Blackwell claims, was executed in October, 1866. No money was paid in the purchase; but the alleged consideration of the deed was a debt, past due, from Wm. H. to Lucy Blackwell, said to be much larger than the recited consideration of the deed — fifteen hundred dollars. On the clearly established fact, that the debt to complainant was older than the deed to Miss Blackwell, the burden was on her to show by proof that the debt…
2Cited by22 opinions
- Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1881
- Knight v. CapitoWest Virginia Supreme Court · 1884
- Yeend v. WeeksSupreme Court of Alabama · 1893
- Rogers v. VerlanderWest Virginia Supreme Court · 1888
- Lipscomb v. McClellanSupreme Court of Alabama · 1882
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