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87 Ala. 500

Teague v. Martin

Supreme Court of Alabama

Decided December 15, 1888

Supreme Court of Alabama · decided 1888-12-15

Heard before the Hon. S. K. McSpadlen. The bill in this case was filed on the 29th February, 1888, by L. G. Teague, against C. A. Martin; and sought to cancel, as a cloud on complainant’s title to a tract of land, which he had bought at sheriff’s sale under execution against one Joseph E. Burns, a conveyance executed by said Burns to the defendant, and which was alleged to be without consideration, and to have been executed with the fraudulent intent of hindering and…

Relies on Smith's v. Cockrell · Pettus v. Glover · Betts v. Nichols

Good law ✅— No negative treatment on recordhow we know

Decided 1888-12-15

How this case has been cited

Cited by 4 later decisions — most recently April 1929

4 state decisions

2018881890190019101920decided

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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SOMERVILLE, J.

¶1In Smith v. Cockrell, 66 Ala. 64, it was held that a purchaser of land at a sheriff’s sale, under execution against a debtor who has made a fraudulent conveyance of the legal title to his vendee, had a plain and adequate remedy at law by action of ejectment, and, for this reason, he can not, before recovery of possession, file a bill against the purchaser to cancel the fraudulent deed as a cloud on his title. I dissented from the conclusion reached by the majority of the court in that case, and have had no reason to change my opinion as then expressed, in support of which I might add other authorities if Lwere disposed to re-open the discussion. —Sands v. Hildreth, 14 John. Ch. 493; Hildreth *501v. Sands, 2 John. Ch. 36; Leigh v. Everhart's Ex'r, 4 T. B. Mon. 379; s. c., 16 Amer. Dec. 160. But Smith v. Cockrell has been uniformly and many times followed since it was decided, and the practice is now settled in accordance with that ruling; and for this reason I am now disposed to follow it. Grigg v. Swindall, 67 Ala. 187; Pettus v. Glover, 68 Ala. 417; Betts v. Nichols, 84 Ala. 278.

¶2On the authority of these cases, the bill in this case was properly dismissed, as being without equity.

¶3Affirmed.

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