Governor v. Campbell

Citations

• 17 Ala. 566

Syllabus

<p>1. Where a deed of assignment is beneficial to creditors, their assent will be presumed.</p> <p>2. If a deed of assignment is not fraudulent on its face, a charge, which affirms that proof of its execution and due registration and of the bona fules of the debts secured by it raises the presumption that it is not fraudulent in fact, is not erroneous. Such charge is in effect but an affirmance that/it is not fraudulent on its face.</p> <p>3. A sheriff caimot be held liable for failing to make the money on an execution, if thé defendant, during the time the execution was in the sheriff’s hands, bad no property in his possession, unless it be shown that he</p> <p>' ’ -was the owner of property, which could have been levied on, and of which the sheriff had notice; but if the defendant, during sach time, was</p> <p>i in the possession of property, and the sheriff, without resorting to the steps necessary to protect himself from liability, saturna the execution unsatisfied, he assumes the burden of shoeing that the property was not subject to the execution, and unless he does so, must be held liable to the plaintiff.</p> <p>4. A deed of assignment for the benefit of creditors is not vitiated by the fraudulent intent of the grantor aloue.</p> <p>5. The validity/)f a deed of assignment for the benefit of creditors cannot be affected/by the subsequent unauthorised acts or admissions of the grantor, n/>r of the trustees, when they have no beneficial interest in the property..</p> <p>fi. If two persons be in the joint possession of property and one alone has the title, the law will refer the possession to the title.</p> <p>7. A party cannot be heard to complain of an error which could not have operated,to his prejudice.</p> <p>8. The rule in regard to the relevancy of testimony is, that facts and circumstances, which, when proved, are incapable of affording any reasonable presumption or inference in reference to a material factor inquiry involved in the issue, cannot be give