Young v. Kinnebrew
Supreme Court of Alabama
Appeal from the Chancery Court of Macon. Heard before the Hon. James B. Clark. The bill in this case was filed by Edwin H. Kinnebrew, on the 14th July, 1857, against Mrs. Dorothea C. Sledge, her husband, Edmund A. Sledge, and her trustees, Bolling Young and William W. Ross; and sought to subject to the satisfaction of two promissory notes, executed to the complainant by Mrs. Sledge, certain slaves held by her trustees under the deeds hereinafter more particularly described.
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Appeal from the Chancery Court of Macon. Heard before the Hon. James B. Clark. The bill in this case was filed by Edwin H. Kinnebrew, on the 14th July, 1857, against Mrs. Dorothea C. Sledge, her husband, Edmund A. Sledge, and her trustees, Bolling Young and William W. Ross; and sought to subject to the satisfaction of two promissory notes, executed to the complainant by Mrs. Sledge, certain slaves held by her trustees under the deeds hereinafter more particularly described. One of the notes held by the complainant was dated the 17th"February, 1855, and payable on or before the 25th December…
1Opinion of the CourtR. W. Walker, J.
The estate created by these deeds is a trust estate. But the trust is' executed,'not executory; and in cases of executed trusts, a court of equity will construe the limitations in the same manner as similar legal limitations. — Marquis of Cholmondely v. Clinton, 2 Jac. & W. 148; Wright v. Pearson, 1 Eden, 119; Jones v. Morgan, 1 Brown’s Ch. 206; Lenoir v. Raney, 15 Ala. 667; 1 White & Tudor’s Lead. C. Eq. 28. Accordingly, a trust for A. and the heirs of his body will give A. an equitable estate-tail, if the subject be realty, or the absolute title if it be personalty. — Williams’ Real…
2Cases cited7 opinions
- Flinn v. DavisSupreme Court of Alabama · 1850
- Powell v. GlennSupreme Court of Alabama · 1852
- Fellows, Wadsworth & Co. v. TannSupreme Court of Alabama · 1846
- McVay's Adm'r v. IjamsSupreme Court of Alabama · 1855
- Ewing v. StandeferSupreme Court of Alabama · 1850
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3Cited by6 opinions
- Shuttle & Weaver Land & Improvement Co. v. BarkerSupreme Court of Alabama · 1912
- Bragg v. BeersSupreme Court of Alabama · 1881
- Smith v. GreerSupreme Court of Alabama · 1889
- Clark v. CammackSupreme Court of Alabama · 1927
- Ex Parte Western Union Telegraph Co.Supreme Court of Alabama · 1917
1 more not listed; retrieve them via the Exa API.