Peters v. Rhodes
Supreme Court of Alabama
Appeal from Pike Chancery Court. Heard before Hon. W. L. Parks. Bill by Roberts F. Peters and others, against S. F. Rhodes and others, to enforce a trust. From a decree ■ dismissing the bill for want of equity, complainants appeal.
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Appeal from Pike Chancery Court. Heard before Hon. W. L. Parks. Bill by Roberts F. Peters and others, against S. F. Rhodes and others, to enforce a trust. From a decree ■ dismissing the bill for want of equity, complainants appeal. Courts of equity will follow trust property and keep it subject to the trust.— Winston v. Miller, 139 Ala. 259. The bill presented a case for removal. — Bromberg v. Bates, 98 Ala. 621. If trusts are to be executed equity will take jurisdiction.— Gould v. Hayes, 19 Ala. 438; Pearson v. Dwrrington, 18 Ala. 348. Equity has original jurisdiction. — Thompson v.…
1Opinion of the CourtHaralson, J.
— This an appeal from the chancery court decree dismissing complainant’s bill for want of equity. The case made by the bill is as follows:
That there is a trust fund of $9,454.43 deposited in the defendant bank at Troy, by the respondent, S'. F. Rhodes, as administrator of the estate of Mrs. Peters, when in truth and in fact it was the property of these complainants which had come to them by devise, bequest, inheritance, or descent from their uncle, Dr. F. M. Peters, husband of Mrs. S. S. Peters, administrator’s intestate; that the property came to them through Mrs. Peters, who was the wife of…
2Cases cited8 opinions
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Gould v. HayesSupreme Court of Alabama · 1851
- Thompson v. ThompsonSupreme Court of Alabama · 1894
- Blackburn v. FitzgeraldSupreme Court of Alabama · 1900
- Bethea v. BetheaSupreme Court of Alabama · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Evans v. EvansSupreme Court of Alabama · 1917
- Patton v. DardenSupreme Court of Alabama · 1933
- Morton v. National BankSupreme Court of Alabama · 1954
- Ex Parte MortonSupreme Court of Alabama · 1954
- Amos v. ToolenSupreme Court of Alabama · 1936
7 more not listed; retrieve them via the Exa API.