Troy v. Protestant Episcopal Church
Supreme Court of Alabama
Appeal from Morgan Chancery Court. Heard before Hon. W. H. Simpson. Bill by Sophia B. Troy against the Protestant Episcopal Church and others for a sale of land for division, and to require defendants to pay a proportionate part of the costs of a public improvement. From a judgment sustaining demurrers to the bill, plaintiff appeals.
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Appeal from Morgan Chancery Court. Heard before Hon. W. H. Simpson. Bill by Sophia B. Troy against the Protestant Episcopal Church and others for a sale of land for division, and to require defendants to pay a proportionate part of the costs of a public improvement. From a judgment sustaining demurrers to the bill, plaintiff appeals. The facts made by the bill are that Mary Sheets owned certain described lots in the city of Decatur, and by will devised these lots to Sophia Troy for her life, with remainder to the Protestant Episcopal Church, for the use of the Orphans’ Home of said church…
1Opinion of the CourtAnderson, J.
As a general rule it is the duty of a life tenant to pay all ordinary tax and to keep the property in repair, but an assessment for a public improvement is not an ordinary tax. “If the assessment is for something in the nature of a permanent improvement of the whole estate, it may be ratably and equitably divided between the tenant for life and remainderman, but where the improvement is of a temporary character, calculated to benefit only the life interest, the assessment *387must be paid entirely by tbe life tenant.” — 16 Cyc. 634, and cases cited in note.
The bill avers such permanent,…
2Cases cited8 opinions
- Peck v. . SherwoodNew York Court of Appeals · 1874
- City of Huntsville v. Madison CountySupreme Court of Alabama · 1910
- Thomas v. . EvansNew York Court of Appeals · 1887
- Owen v. McGeheeSupreme Court of Alabama · 1878
- Chamberlin v. . GleasonNew York Court of Appeals · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Gunter v. TownsendSupreme Court of Alabama · 1918
- Allison v. CodySupreme Court of Alabama · 1921
- Baird v. MooreNew Jersey Superior Court Appellate Division · 1958
- Dothan Grocery Co. v. DowlingSupreme Court of Alabama · 1920
- Fundaburk v. CodySupreme Court of Alabama · 1954
5 more not listed; retrieve them via the Exa API.