Teague v. Martin

Supreme Court of Alabama
Teague v. Martin, 87 Ala. 500 (Ala. 1888)
Somerville

Teague v. Martin

Opinion of the Court

SOMERVILLE, J.

In 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.

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

Affirmed.

Reference

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4 cases
Status
Published