Birmingham Trust & Savings Co. v. Cannon
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; Horace C. "Wilkinson, Judge. Bill by Rose Johns Cannon against the Birmingham Trust & Savings Company and A. W. Smith, to annul two trust agreements. From a decree overruling the demurrers of respondents to the hill as amended, respondents appeal.
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Appeal from Circuit Court, Jefferson County ; Horace C. "Wilkinson, Judge. Bill by Rose Johns Cannon against the Birmingham Trust & Savings Company and A. W. Smith, to annul two trust agreements. From a decree overruling the demurrers of respondents to the hill as amended, respondents appeal. The amendments to the bill are as follows: Rose Johns Cannon, a resident of Jefferson county, Alabama, exhibits this her bill of com- : plaint against the Birmingham Trust & Savings Company, a corporation and Arthur W. Smith, a resident of Jefferson county, Alabama, and as a basis for the relief…
1Opinion of the CourtAnderson, C. J.
[1,2] When this case was heard on former appeal (194 Ala. 469, 69 South. 934) this Court held that as the bill averred a mere parol gift of corporate stock by Johns to his prospective bride, and the gift was never consummated by delivery of the stock, it was inoperative. The bill, however, by amendment avers, in effect, that the antenuptial contract was evidenced by a written instrument signed by L. W. Johns and delivered to complainant, which said instrument in substance transferred to complainant the shares of the capital stock of the Birmingham Railway, Light & Power Company, both common…
2Cases cited16 opinions
- Alexander v. GibsonSupreme Court of Alabama · 1912
- McMahon v. McMahonSupreme Court of Alabama · 1910
- Campbell v. Woodstock Iron Co.Supreme Court of Alabama · 1887
- Clay v. GurleySupreme Court of Alabama · 1878
- Cunninghame v. HerringSupreme Court of Alabama · 1915
11 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Davis v. AndersonSupreme Court of Alabama · 1929
- Hoglan v. MooreSupreme Court of Alabama · 1929
- Hinson v. NaugherSupreme Court of Alabama · 1922
- First Nat. Bank of Montgomery v. SheehanSupreme Court of Alabama · 1930
13 more not listed; retrieve them via the Exa API.