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Allums, et al. v. Hawley,
Anderson v. Dickson,

Anderson v. Snow & Co. et al.
Andrews & Bros. v. McCoy,
Andrews & Co. and Riggs,
Ansley and Carlos, use, &c..
Ansley v. Mock,'.
Ansley v. Pearson, et al....
Armstrong v. Tait,

Auld and Wilson,

Avery and Martin,

.733 Broadnax v. Sims' Ex'r,.....
...504 Brooks & Lucas v. Godwin,
.920 Brooks and Mead, use, &c.
628 Brown and Woods' Adm'r,...
.900 Brown and Woods' Adm'r,..

.......742

..444 Buchanan & wife and Duffee, Ad'r, 27

..431 Buford and Wier,

.812

.430

Avery & Speed, &c. and Lockhard, 502
Bebee, et al. and Doe ex dem. Ken-
nedy,.....

.909

.79

..134

.685

.313

.253

.903

.757

.238

.606

.900

.655

622

.725

.625 Burden, Adm'r, and Treadwell,......660
Burnett v. Handley,........
Burns and The State,.......
Butler and Wife v. Merch'ts Ins. Co. 146
Cahawba & M. R. R.Co. and George,234
Cahawba & M. R. R.Co. and Gayle, 586
Caldwell, ex dem. v. Thorp,.
Caller v. Vivian, et al.,.....
Calvert's Adm'r and Wilson,.
Carey, et al. v. Pratt,
Carleton and Randolph,.
Carlos, use, &c. v. Ansley,.
Carnes and Snedicor,
Caskey, et al. v. Nitcher,
Cathcart and Fant,....
Chandler, et al. and Bagby, Gov'r,...230
Chandler and Eiland, Judge, ..781
Chandler v. Hudson, use, &c.,
......366

Chandler & Moore v. Lyon, et al.....35

Chaney, ex parte,....
Chappell and Lowther, et al.
Chaudron, ex dem. v. Magee,
Childs v. Crawford,.

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.570

..731

.527

.312

.811

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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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