Legal Opinion · Dissent

Kerlin v. Ramage

Supreme Court of Alabama

Decided May 31, 1917No. 3 Div. 166Published

Appeal from City Court of Montgomery; Gaston Gunter, Judge. Suit by E. C. Ramage and others against Bernice E. Kerlin and others. From an adverse decree, defendants appeal.

1DissentMcCLELLAN, J.

Unless the established public policy of this state forbids the imposition of an equitable lien or mortgage on a plot of land devoted to burial purposes, the bill, filed by the appellees, has equity under the apt authority of Ross v. Perry, 105 Ala. 533, 16 South. 915, and, in consequence, the court below ruled to a correct result.

The public policy of a state is generally expressed by statute or Constitution. In the absence of those means of expression of a definite public policy, it may be found in the decisions of the courts, and, in peculiar circumstances, in the course of administration of…

2Cases cited21 opinions

  1. United States v. Trans-Missouri Freight Assn.Supreme Court of the United States · 1897
  2. Ford v. . CobbNew York Court of Appeals · 1859
  3. Tifft v. . HortonNew York Court of Appeals · 1873
  4. Voorhees v. . McGinnisNew York Court of Appeals · 1872
  5. Harding v. American Glucose Co.Illinois Supreme Court · 1899

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