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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

Agee v. Steele,...

.948 Bowling v. Bowling, Ex'r,

.538

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,

.296

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..791

.357 Horton v. Smith,...

73

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Frow and Tait. use, &c.,.........543
Gaines and Johnson,

Flanagan v. Gilchrist,..

lett & Walker,..

Foster et al. and Magee,

Foster and Mixon,

Frazier and Houston,.

....

Frierson & Crow and Skinner, ......915

Gaines & Townsend and Barnett,...373

Ganaway v. Griffin,

Garey v. Hines,

Garner v. Green and Elliott,.

Garrett, et al and Hughes, et al....483

Gayle v. Cahawba & M. R. R. Co.... 586

Gewen and Leiper,

George v. Cahawba & M. R. R. Co..234

Gilchrist and Flanagan,

Gilmer v. Wier,

Givens and Marriott & Hardesty, ... 694

Givens v. Tidmore,

Godwin and Brooks & Lucas, 29

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Julian et al. v. Reynolds, et al... 680 Mooney, use, &c. v. Ivey,

...810

Justice and Cole, use, &c.

...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

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Kirksey v. Kirksey,.

131 Morrow & Co.and Gooden & McKee, 486

Kirksey et al. v. Mitchell,

.402 Morrow & Nelson v. Weaver & Frow, 288

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

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

574

655

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

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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

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