Dickinson v. Conniff
Supreme Court of Alabama
Appeal from the Chancery Court at Montgomery. Heard before the Hon. H. Auktill. The bill in this case was filed on the 13th May, 1878, by John P. Dickinson, against Mrs. Frances Conniff, the widow of Patrick Conniff, deceased, and ber several children; and sought to subject certain trust property, held by tbe defendants under the will of said Patrick Conniff, or the rents, income and profits thereof, to the satisfaction of a debt due to the complainant for buildings erected…
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Appeal from the Chancery Court at Montgomery. Heard before the Hon. H. Auktill. The bill in this case was filed on the 13th May, 1878, by John P. Dickinson, against Mrs. Frances Conniff, the widow of Patrick Conniff, deceased, and ber several children; and sought to subject certain trust property, held by tbe defendants under the will of said Patrick Conniff, or the rents, income and profits thereof, to the satisfaction of a debt due to the complainant for buildings erected by him, under a contract with Mrs. Conniff, on a vacant city lot in Montgomery belonging to the estate. Tbe will of said…
1Opinion of the Court
SOMERVILLE, d.
— The equity of the bill in this case depends, mainly, upon the determination of one question; and that is, whether the improvements made, by Mrs. Con-niff, as trustee under her husband’s will, upon a vacant lot in the city of Montgomery, were of such a character, and made under such circumstances, as to constitute, in her behalf, a charge on the trust property so improved, or on its rents and profits. It may be conceded, that if she is entitled to reimbursement, her equity may be subjected to the satisfaction of appellant’s judgment, in as much as she has been, as shown by the…
2Cases cited6 opinions
- Sanford v. HowardSupreme Court of Alabama · 1857
- Jones v. DawsonSupreme Court of Alabama · 1851
- Cogswell v. CogswellNew York Court of Chancery · 1834
- Wykoff v. WykoffSupreme Court of Pennsylvania · 1841
- Bellinger v. ShaperNew York Court of Chancery · 1845
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3Cited by5 opinions
- Stevens v. StevensNew York Supreme Court · 1894
- Valley National Bank v. CrosbySupreme Court of Iowa · 1899
- Brandenburg v. DanteCourt of Appeals for the D.C. Circuit · 1919
- Estate of FreemanSupreme Court of Pennsylvania · 1897
- Taylor v. McCallSupreme Court of Alabama · 1881