Pettus v. Glover

Decided December 15, 1880

Supreme Court of Alabama · decided 1880-12-15

Heard before the Hon. CHARLES Turner. The bill in this case was filed on the 1st December,. 1873, by Joel W. Jones individually, and as one of the executors of the last will and testament of John A. Winston, deceased, and his co-executors, E. W. Pettus and William O. Winston, against N. B. Glover; and sought to set aside on the ground of fraud, and as a cloud on the title asserted by the complainants, a conveyance under which the defendant claimed and held possession of a…

Relies on Smith's v. Cockrell

Good law ✅— No negative treatment on recordhow we know

Decided 1880-12-15

How this case has been cited

Cited by 6 later decisions — most recently April 1944

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per'Curiam.

¶1This case is affirmed on the authority of Smith’s Executor v. Cockrell, 66 Ala. 64, and Grigg v. Swindal, at the present term.

¶2It was held by a majority of the court, in those cases, that a purchaser, at sheriff’s sale under execution, of lands fraudulently conveyed by the judgment debtor, has a plain and adequate remedy at law by action of ejectment, and that he can not come into chancery, before acquiring possession at law, to obtain cancellation of the fraudulent conveyance, as a cloud on his title.

¶3Under this principle, there was no error in the decree of the chancellor dismissing the bill of appellants, and said decree is affirmed.

Somerville, J., dissenting.