Brooks v. Greil Bros. Co.
Supreme Court of Alabama
Appeal from Chancery Court, Lowndes County; O. S. Lewis, Chancellor. Bill by Mrs. Mary B. Brooks against the Greil Bros. Company for an accounting and to declare a trust. . Decree for respondent, and complainant appeals.
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Appeal from Chancery Court, Lowndes County; O. S. Lewis, Chancellor. Bill by Mrs. Mary B. Brooks against the Greil Bros. Company for an accounting and to declare a trust. . Decree for respondent, and complainant appeals. The bill shows that Mrs. Brooks was the owner of a farm in 1908, and that for many years she had intrusted her husband, O. E. Brooks, with the authority to lease it and collect the rent, but without any authority to lease it in his own name or to dispose of the rent in his own name for the payment or security of his own debts; that in September 1908, her said husband leased…
1Opinion of the CourtSomerville, J.
This case has been here, on demurrer to the bill of complaint, on two former appeals. Greil Bros. v. Brooks, 176 Ala. 577, 58 South. 552; Brooks v. Greil Bros., 192 Ala. 235, 68 South. 874.
On the last appeal, it was held that the bill was sufficient to show that Greil Bros. Company, the respondent corporation, held the rents’ as a trustee in invitum in favor of the complainant, and the issue was thus stated by Mr. Justice Thomas:
“Whether the case be decided on the theory of a constructive trust, or on that of an unauthorized sale and transfer of a nonnegotiable. rent note by an agent, the…
2Cases cited5 opinions
- First National Bank v. NelsonSupreme Court of Alabama · 1894
- Ely v. PaceSupreme Court of Alabama · 1903
- Brooks v. Greil Bros.Supreme Court of Alabama · 1912
- Greil Bros. v. BrooksSupreme Court of Alabama · 1912
- Brooks v. Greil Bros.Supreme Court of Alabama · 1914
3Cited by5 opinions
- A. S. Knowles Dry Goods Co. v. GunterSupreme Court of Alabama · 1920
- Berry v. HowellSupreme Court of Alabama · 1941
- Harris v. Geneva Mill Co.Supreme Court of Alabama · 1923
- Continental Life Ins. Co. v. BrandtSupreme Court of Alabama · 1934
- Pake v. Lindsey Mill Co.Supreme Court of Alabama · 1922