Legal Opinion

Lindsay v. Cooper

Supreme Court of Alabama

Decided November 15, 1891PublishedCited by 40 opinions

Appeal from the Chancery Court of Colbert. Heard before the Hon. Thomas Cobbs. . The opinion contains a full statement of the facts, and renders any additional statement unnecessary, while the briefs of counsel state the facts deemed material to the case us presented by their points and authorities.

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Appeal from the Chancery Court of Colbert. Heard before the Hon. Thomas Cobbs. . The opinion contains a full statement of the facts, and renders any additional statement unnecessary, while the briefs of counsel state the facts deemed material to the case us presented by their points and authorities. (1.) Price, as administrator of Walker’s estate, filed a petition to obtain an order for the sale of the land, alleging that Walker died “seized and possessed” of it; and he'obtained the order, sold the land under it, and Winston became the purchaser. If Price was now living, he would be .estopped…

1Opinion of the CourtMcCLELLAN, J.

— It is sought by the bill in this case to declare and enforce a trust against the respondents in respect of an one-third undivided interest in a certain quarter-section of land, to which they have the legal title, and of which they have been in possession, actually or by privity, since 1870. Complainant’s theory is, that she has a perfect equity in and to that interest; that the respondents hold the legal title in trust for her, and should be decreed to execute that trust by vesting title in her, and held to account for rents and profits accruing pending the existence of the trust. The facts…

2Cases cited37 opinions

  1. Dickerson v. ColgroveSupreme Court of the United States · 1880
  2. Wilson v. HoltSupreme Court of Alabama · 1887
  3. Bland v. BowieSupreme Court of Alabama · 1875
  4. Lovelace v. WebbSupreme Court of Alabama · 1878
  5. McCravey v. RemsonSupreme Court of Alabama · 1851

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3Cited by40 opinions

  1. Peacock v. HorneSupreme Court of Georgia · 1925
  2. Little v. Union Oil Co.California Court of Appeal · 1925
  3. Sherrick v. StateIndiana Supreme Court · 1906
  4. Sloss-Sheffield S. & I. Co. v. LollarSupreme Court of Alabama · 1910
  5. Groetter, Weil & Co. v. Norman Bros.Supreme Court of Alabama · 1894

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