Bank of Wetumpka v. Walkley
Supreme Court of Alabama
Bill to Bet Aside Deed. Appeal from Elmore Chancery Court. Heard before Hon. W. W. Pearson. Bill by Earle V. Walkley against H. W. Walkley and another. From a degree overruling a demurrer to tbe bill, defendants appeal.
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Bill to Bet Aside Deed. Appeal from Elmore Chancery Court. Heard before Hon. W. W. Pearson. Bill by Earle V. Walkley against H. W. Walkley and another. From a degree overruling a demurrer to tbe bill, defendants appeal. The bill, Avhich Avas to set aside a sale of land made to complainant’s guardian, alleges that H. H. Walkley died in 1892, leaving a last avíII and testament, by Avhich he devised to the complainant certain lands, or an interest therein; that the avíII Avas duly probated, a copy of Avhich is exhibited Avith the bill; that D. W. Walkley was the father of the complainant, and on…
1Opinion of the CourtAnderson, J.
It has been long and well settled by the decisions of this court that a purchase by a trustee for his own benefit at a sale of the trust property is *652voidable at the option of the cestui que trust, and will be Set aside on timely application made for that purpose; and in the application of this rule it is unimportant whether the purchase be made directly or indirectly, in person or through an intermediary, who subsequently reconveys to the trustee, and without regard to the fairness of the purchase.—Cottingham v. Moore, 128 Ala. 213, 30 South. 784; Charles v. Du Bose, 29 Ala. 367; Calloway v.…
2Cases cited10 opinions
- Charles v. DuboseSupreme Court of Alabama · 1856
- American Freehold Land Mortgage Co. v. DykesSupreme Court of Alabama · 1895
- Calloway v. GilmerSupreme Court of Alabama · 1860
- Randolph v. East Birmingham Land Co.Supreme Court of Alabama · 1893
- Marx v. ClisbySupreme Court of Alabama · 1900
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Davis v. AndersonSupreme Court of Alabama · 1929
- Cook v. WhiteheadSupreme Court of Alabama · 1951
- Meeks v. MillerSupreme Court of Alabama · 1926
- Arnold v. ArnoldSupreme Court of Georgia · 1922
- Batson v. EtheridgeSupreme Court of Alabama · 1940
10 more not listed; retrieve them via the Exa API.