Tilman v. Searcy
Tilman v. Searcy
Opinion of the Court
delivered the opinion of the court
The bill in this case, among other things, alledged, that Til-man and Pool each obtained separate judgments before a Justice of the Peace, against one William P. Searcy, amounting together, with interest, to about the sum of seven hundred dollars; that they caused executions to be issued thereon, which were levied upon a tract of land, mentioned in the pleadings; and being duly returned to the Circuit Court, process of vendi-tioni exponas in each case was duly awarded and issued, and that afterwards the tract of land was exposed to sale and sold thereon, the said Tilman by the consent of the said Pool bidding the full amount of both executions, and became the purchaser, at the price of about seven hundred dollars; that said Tilman has taken a sheriff’s deed for the said land, which is duly registered. But they alledge that before their said levy, the defendant William P. Searcy by a fraudulent deed of trust conveyed the lands to the other defendants to secure pretended debts, and that shortly thereafter, and a little before the levy of the executions, the said William P. made an absolute deed to his father, the defendant Reuben Searcy; which deed, as well as the deed of trust, is fraudulent-and void as against creditors, being made with the intent to hinder and delay the collection of just debts; and that said conveyances constitute a cloud over the title of the said Tilman, which they therefore pray may be set aside and declared void. The other complainants severally alledge that they have obtained judgments against the said William P. Searcy; that subsequently to the sale of the land by virtue of the venditioni etcponas of Tilman and Pool, they caused
This court, with some hesitation and difficulty, maintained the bill of Henderson & McDermot vs. Peck et als. 3 Hump. 247, for the reasons there stated. To sustain this bill' would be to go greatly further, and would lead to much inconvenience and confusion by the joinder of complainants with distinct, inconsistent and hostile claims and grounds of relief in the same bill.
For these reasons, we reverse the decree of the Chancellor disallowing the demurrer, and allow the same; and of course we dismiss the bill, without deeming it necessary, or perhaps proper, to enquire into any other questions raised in the record.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.