Cherry v. Richardson
Supreme Court of Alabama
Appeal from the Circuit Court of Marengo. Tried before the Hon. John O. Anderson. These two causes involve the same lands, were tried upon, the' same facts, similar judgments were rendered in each, and they are, therefore, submitted together on appeal. Each case is a statutory action of ejectment brought against William Richardson for the recovery of certain lands specifically described in the complaint; the lands sued for in each case being identical.
Read the full summary
Appeal from the Circuit Court of Marengo. Tried before the Hon. John O. Anderson. These two causes involve the same lands, were tried upon, the' same facts, similar judgments were rendered in each, and they are, therefore, submitted together on appeal. Each case is a statutory action of ejectment brought against William Richardson for the recovery of certain lands specifically described in the complaint; the lands sued for in each case being identical. S. A. Cherry sues as trustee under a deed of trust, and bases his right of recovery upon the provisions of said deed. Sallie R. Cherry bases…
1Opinion of the CourtHaralson, J.
When this case was here on a former ap-peal (Simmons v. Richardson, 107 Ala. 697), in construing the deed from L. L. Simmons to Thos. J. Foster, trustee, set out in this transcript, we held, that the trustee therein was not a mere naked trustee, but one with active duties to perform; that the grantor, L. L. .Simmons, was making provision in said deed, not alone for the benefit of his wife, the plaintiff in that case— who was suing for the same lands as are here sued for by her daughter’s trustee — but as well for his then only-child and daughter, and-such children as might be born-*247to him…
2Cases cited6 opinions
- Doe ex dem. Gosson v. LaddSupreme Court of Alabama · 1884
- Schaffer v. LavrettaSupreme Court of Alabama · 1876
- Christian v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1890
- Connell v. ColeSupreme Court of Alabama · 1889
- Fox v. StorrsSupreme Court of Alabama · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Berry v. BrombergSupreme Court of Alabama · 1904
- Bingham v. SumnerSupreme Court of Alabama · 1921