Huckabee v. Billingsly
Supreme Court of Alabama
Error to the Circuit Court of Perry. Tried before the Hon. George Goldthwaite. This was an action of trespass to try titles to certain lots in the town of Marion, and was instituted by the defendant against the plaintiff in error. The plaintiff on the trial read in evidence a deed of trust executed by John Huntington to Wil- - liam Howell, on the 17th September 1840, to which deed Jas.
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Error to the Circuit Court of Perry. Tried before the Hon. George Goldthwaite. This was an action of trespass to try titles to certain lots in the town of Marion, and was instituted by the defendant against the plaintiff in error. The plaintiff on the trial read in evidence a deed of trust executed by John Huntington to Wil- - liam Howell, on the 17th September 1840, to which deed Jas. Harrell was also a parly, conveying to said William Howell a number of sláves and the lots in controversy to secure the payment in the' first instance of an indebtedness by Hunting-)oa .to said Ilarrel, and in…
1Opinion of the CourtCollier, C. J.
A trustee, it is said, is a person holding the legal title to property, under an express or implied agreement to apply it, and the income arising from it, to the use and for the benefit of another person, who is called a cestui que trust. — Story on Con., 2d ed., § 296. The powers pertaining to a trustee over the trust property depend upon the nature of the trust and the terms of the instrument by which it was created; if these do not inhibit, he may reduce the trust estate into possession, and may sue or defend a suit at law in respect to it. — Chambers et al. v. Mauldin et al. 4 Ala. Rep.…
2Cases cited3 opinions
- Brooks v. MarburySupreme Court of the United States · 1826
- Nicoll v. MumfordNew York Court of Chancery · 1820
- Chambers v. MauldinSupreme Court of Alabama · 1842
3Cited by12 opinions
- Robinson v. PierceSupreme Court of Alabama · 1897
- Stephens v. ClaySupreme Court of Colorado · 1892
- Town of Carbon Hill v. MarksSupreme Court of Alabama · 1920
- McBrayer v. CarikerSupreme Court of Alabama · 1879
- Street v. PittsSupreme Court of Alabama · 1939
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