The Decennial Digest is a digest containing abstracts of all the decisions of the State and Federal Courts. It is usually used by lawyers for providing examples and precedents of law. Did you know that the Digest contains a Court case involving a Wedgeworth family?
A lawsuit was filed in the Hale County, AL Chancery Court in Dec. 1887 by Middleton Wedgeworth concerning his brother John Monroe Wedgeworth vs. John's wife Nancy Ann Gewin Wedgeworth.
Citaions about this case are as follows:
Vol. 19 C, Equity # 356 - Suit to enforce creditor's claims. h. (Ala. 1887) A bill which seeks to set aside a conveyance fraudulent as to creditors, and to subject the land to the payment of a particular debt, is not multifarious.
Vol. 24 C, Fraudulent Conveyances #337 - Relation a element of fraud, husband to wife. f. (Ala. 1887) As against a pre-existing creditor, a wife who takes a conveyance from her husband must show an adequate consideration and that by clearer and fuller proof than is required in transactions between strangers.
#814 - Transactions between husband and wife. b. (Ala. 1887) When a conveyance from husband to wife is attached by the formers creditors, the burden is on the wife to show that she paid a fair consideration out of her seperate estate.
#900 - Transactins between husband and wife. a. (Ala. 1887) On an issue whether a conveyance by a husband to his wife was fraudulent as to creditors, the wife, her husband, mother, and two brothers testified that on her marriage with her present husband, about 20 years before, she held 13 notes, each being described, amounting to $6,875.00, and that her husband collected and used the proceeds of the same. This was alleged as the consideration for the conveyance, the nominal consideratin being $10,000.00. Each witness made the same mistake of $50.00 in adding the total of the notes described, and of the slaves in calculating the number of slaves described. Held, that a finding that the conveyance was fraudulent would not be disturbed.
Apparently, this dispute involving land and creditors led to the confrontation between the brothers John Monroe & Middleton (see message # 101). Further explanations are given by Eva Field and me in messages 102 & 108.
If you would like to look this up yourself, contact your County seat and ask if the County Courthouse has a law library with the set of Decennial Digests. The Digests can also be found at college or university law libraries.