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TABLE OF CONTENTS.

Abercrombie, et al. and Graham, et al.552 Borland v. Mayo,

.104

Acre and Taylor,..

.491 Bothwell, et al. v. Hamilton. et al. ...461

Allums, et al. v. Hawley,

584 Bradford and Lewis,

632

Anderson v. Dickson,

.733 Broadnax v. Sims' Ex'r,...

497

Anderson v. Snow & Co. et al.......504 Brooks & Lucas v. Godwin,

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Bank, Br. at Mobile v. Hunt, et al. 876

Chandler and Eiland, Judge,

..781

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Julian et al. v. Reynolds, et al... 680 | Mooney, use, &c. v. Ivey,
Justice and Cole, use, &c.

.810

.793 Mooney v. The State...

.328

Kennedy et al. v. Bebee et al.....909

Morehouse and Smoot & Easton,....370

Kennedy and Kennedy's Adm'r,......391

Morris v. Booth and Wife

.907

Kirksey v. Kirksey,

.131

Kirksey et al. v. Mitchell,

.402

Morrow & Co.and Gooden & McKee, 486
Morrow & Nelson v. Weaver & Frow,288

Knight and The Governor, use, &c. 297 Murphy v. Paul,...

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Smith, Adm'r, v. Heirs of Bond.

..386

Mock and Ansley.

.444 Smith and Blackman

.203

Mock, et al. and Clapp, et al.

122 Smith and Horton.....

...73

Molett and Norman,

...546 | Smith v. Houston..

.736

Smoot & Easton v. Morehouse .......370 Travis v. Tartt
Snedicor v. Carnes

574

655

Treadwell, Guar. v. Burden, Adm'r 660

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Spears and Morrison

..93 Turnipseed and Walker et al..........679

Spence and Spyker

333 Tuscumbia R. R. Co. v. Rhodes......206

Spyker v. Spence..

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State and Ellison.

..273 Walker, Adm'r, et al. v. Shrader...244

State v. Kreps

.951 Walkerand Doremus, Suydam & Co.194

State v. Mooney

.328 Walker v. Watrous

493

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REPORTS

OF

CASES ARGUED AND DETERMINED,

JANUARY TERM, 1845.

ALEXANDER GRAHAM v. JOHN LOCKHART.

1. A deed of trust operative as a security for the payment of money, is not fraudulent per se, on account of the reservation of uses to the grantor.

2. Quere? Whether a deed conveying property for the benefit of sureties, and fixing the law day of the deed to a time subsequent to the maturity of the debts, for which the sureties are bound, is operative as a conveyance, without the assent of the sureties.

3. So far as the particular creditor is concerned, the debtor, with his assent may stipulate that the effects conveyed may be continued, in trade or planting, for a definite or indefinite period, but such a stipulation cannot prevent any other creditor from his right to sell the resulting trust of the debtor, in satisfaction of his execution.

4. Quere? Whether a debtor, by the mortgage of his perishable personal es-
tate, for the security of one creditor, can prevent others from reducing that
estate to money, and thus to determine the risk there always is, of its des-
truction or deterioration in value.

5. The powers of a Court of Equity are sufficient to prevent injury to the
mortgage creditor, as well as injustice to the one who has no security.
6. Assuming that a deed of trust conveying property as a security, for the
benefit of sureties, and reserving the use of perishable effects, which may
be consumed in the use, has been made operative by the assent of the ben-
eficiaries, yet no other creditor is bound by the contract between those par-
ties. His right is to have all the debtor's estate reduced, at once, to its mo-
ney value, and if the secured creditors choose to become the purchasers,
and thus continue their relation with the debtor, a Court of Equity is com-
petent to let them in to the extent of their debts.

7. In claims interposed under the statute, to property which is levied on as
belonging to the defendant in execution, the bond required to be given may

8 9 98 273

8 9 108 492

8 9 111 225

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